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Deconstructing the Worldview of the Neo-Brandeisians Through Marxism and Critical Legal Studies
Christine S. Wilson & Adam S. Cella   •   29 GEO. MASON L. REV.
Abstract. The Neo-Brandeisian movement seeks to unravel the bipartisan, decades-long consensus on antitrust enforcement premised on the consumer welfare standard. In recent years, seemingly disconnected developments signaled the coming attack on this consensus. A flood of changes from new FTC...
Vacci–Nation: A Look at Federal Authority to Mandate Vaccines
Carly L. Hviding   •   29 GEO. MASON L. REV.
Abstract. Vaccine mandates have historically been implemented and regulated by the states, not by the federal government. Nevertheless, the federal government has “broad, flexible power” to prevent the spread of communicable disease among the states through section 361 of the Public Health...
“. . . No, the Other Common Law”: Antitrust as Equity Jurisprudence
Alexander J. Kraszewski   •   29 GEO. MASON L. REV.
Abstract. What is the legal basis for modern U.S. antitrust law? The Supreme Court has long rested its doctrinal stewardship of the Sherman Act on the notion that it is a “common-law statute,” with an implicit delegation to the Court to tinker with the metes and bounds of antitrust law as...
Mergers and Acquisitions in the Tech Industry: Are They Different?
Andrea Asoni & Grace Luo   •   29 GEO. MASON L. REV.
Abstract. This Article will compare mergers and acquisitions in the technology industry in the U.S. to mergers and acquisitions in other sectors of the U.S. economy, as well as other countries. This Article will show that the U.S. technology industry is not disproportionately prone to...
Biden Antitrust: The Paradox of the New Antitrust Populism
Aurelien Portuese   •   29 GEO. MASON. L. REV.
Abstract. The Biden Administration ushered in a new era of antitrust enforcement and competition policy. With the Executive Order on Promoting Competition of July 2021, together with a number of key appointments, Biden antitrust has, within only one year, disrupted the traditional bipartisan...
Income Inequality, Job Polarization, and the Redistributive Power of Antitrust
Elyse Dorsey   •   29. GEO. MASON L. REV.
Abstract. In recent years, income inequality and antitrust enforcement have been repeatedly linked in popular and policy discussions. Particularly as the COVID-19 pandemic shocked and dramatically reshaped daily lives across the world, concerns regarding economic inequality have surged....
25 Years of State Antitrust Enforcement: Five Cases that Matter
Gwendolyn J. Lindsay Cooley   •   29 GEO. MASON. L. REV.
Abstract. Through the rearview mirror of five state antitrust challenges, this Article provides a tour of state antitrust enforcement—from small cases brought by single states that made a splash, to cases so pivotal to antitrust practice that it seems as if there is nothing left unknown about...
The Durability of the Biden Administration’s Competition Policy Reforms
William E. Kovacic   •   29 GEO. MASON L. REV.
Devil is in the Details: Interpreting Counterterrorism Legislation to Avoid an Unconstitutional Result
Patrick Griffo   •   29 GEO. MASON L. REV.
Abstract. Policies surrounding terrorism and free speech are incredibly nuanced, yet the material threat of online terrorism is painfully stark. Congressional efforts to draft legislation addressing online domestic terrorist content have encountered First Amendment issues: regulatory and ...
How Far Is Too Far: An Analysis of the Abduction Sentencing Enhancement as Applied in Robbery Cases
Caleb Peery   •   29 GEO. MASON L. REV.
Abstract. The United States Sentencing Guidelines were created to reduce wide criminal sentencing disparities by making federal sentencing fairer and more certain. The Sentencing Guidelines Manual attempts to achieve this goal by listing all federal offences and assigning each of them an...