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A Theory of Antitrust Limits
Like all laws, antitrust laws work within limits. The limits of antitrust laws are defined by statutory legislation, judicial practice, and prosecutorial discretion. Today, the limits of antitrust face criticism. Loud voices argue that the current limits are too strict. They contend . . .
Antitrust Dystopia and Antitrust Nostalgia: Alarmist Theories of Harm in Digital Markets and Their Origins
The dystopian novel is a powerful literary genre. It has given us such masterpieces as Nineteen Eighty-Four, Brave New World, Fahrenheit 451, and Animal Farm. Though these novels often shed light on some of the risks that contemporary society faces and the zeitgeist of the time . . .
Everywhere and Nowhere: Reframing Personal Jurisdiction to Meet the Realities of an Increasingly Boundaryless Society
Americans spend over two billion hours online every day. Whether we’re Instagramming the perfect meal, hailing an Uber, swiping right in the hopes of meeting “the one,” or placing another Prime order, society is increasingly connected to a boundaryless, virtual world. . . .
Enough with Exceptions: Why Congress and the Courts Should Stop Chipping Away at Section 230 Immunity
You are a teenager. And you cannot believe this is happening. Your parents are forcing you to leave the only home you’ve ever known. . . .
The Potential Impact of Proposed Changes to Section 230 on Speech and Innovation
Section 230, a law that establishes critical liability protection for a range of online services that carry users’ content, has faced an increasing amount of criticism across the political spectrum. Users may be aware of Section 230 as a result of conversations around decisions made by . . . .
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 . . .