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Meeting this Antitrust Moment
More than any time in recent history—some would say in over a century—antitrust looms large in the public imagination and discussion. Within the last several years, both scholars and popular commentators have focused on the decrease in competition and the increase in the level of concentration . . .
The Alston Case: Why the NCAA Did Not Deserve Antitrust Immunity and Did Not Succeed Under a Rule-of-Reason Analysis
Fall Saturdays and college football. The March Madness basketball tournament. The NCAA plays an important role in many Americans’ lives. But for decades, the association has justified its restrictions on compensation to student-athletes on the basis of “amateurism.” Those attempts just ran . . .
Ensuring Employee Protection After a Data Breach
Employers have tremendous control over their employees’ lives. Employers may influence employees’ schedules, decisions about where to live, appearance, and overall quality of life. Employers also control a massive amount of personal information—not only about current employees, but also about . . .
The Nirvana Fallacy in "Hipster Antitrust"
The nirvana fallacy is the informal fallacy of comparing actual things with unrealistic, idealized alternatives. It can also refer to the tendency to assume there is a perfect solution to a particular problem. A closely related concept is the “perfect solution fallacy.” . . .
Turning Participation Into Power: A Water Justice Case Study
Water systems throughout the United States are broken, both literally and figuratively. The purpose of water utilities is to provide access to clean and convenient water, which promotes human health and productivity. Yet, a growing number of utilities charge unconscionable prices for water . . .
The Racial Wealth Gap: Strategies for Addressing the Financial Impact of Mass Incarceration on the African American Community
The wealth gap between blacks and whites is projected to take 228 years to bridge, which may appear to be an insurmountable challenge. Yet, identifying the challenge and facing the reality of its contributing factors is the first step towards addressing the issue. . . .
Excluding Disadvantaged Businesses
In March 2020, the Small Business Administration implemented the Paycheck Protection Program to support small businesses and their workers during pandemic shutdowns. . . .
Breaking the Wall of Silence—Balancing Grand Jury Secrecy with Legitimacy and Transparency in Pitch v. United States
In July of 1946, a large group of unmasked White men armed with pistols and shotguns murdered four African Americans near Monroe, Georgia. The bodies of Roger Malcolm, Dorothy Malcolm, George Dorsey—a World War II veteran—and Mae Dorsey were found near the Apalachee River in a place locally . . .
Misconstruing Melms: The Fall of Ameliorative Waste
Land use disputes can arise when multiple parties have temporally successive interests in the same real property, involving one party who presently possesses the property and another party with a future interest who will likely retake the property after a certain period. . . .
Qualified Immunity and Obvious Constitutional Violations
On September 10, 2013, three City of Fresno police officers executed a search warrant to look for evidence of illegal gambling and money laundering. . .