Antitrust
Conscious Parallelism Revisited, San Diego Law Review (forthcoming) (2010)
Conscious parallelism, sometimes called tacit collusion, occurs where firms adopt their business practices based on...
Anti-Monopolization Workarounds, Competition (2008)
Article 82: Gestalt, Myths, Lessons, Santa Clara Computer and High Technology Law Journal (2007)
Article 82 of the Treaty Establishing the European Community, which prohibits abuse of a dominant...
A Modest Enterprise, Lewis and Clark Law Review (2006)
Review of Antitrust Law: Economic Theory and Common Law Evolution, Antitrust Bulletin (2005)
Professor Keith Hylton provides a timely discussion of the most important doctrines of modern antitrust....
Corporate and Securities Law
Facilitators to Scandal, Hastings Business Law Journal (forthcoming) (2010)
Anti-Social Norms, Risky Behavior, Corporate Boards: Managers of Risk, Sources of Risk (2009)
To understand how boards can serve as both managers and creators of risk, a prerequisite...
Networks of Heightened Scrutiny in Corporate Law, San Diego Law Review (2009)
This Article is a follow-up to a previous article, Networks of Fairness Review in Corporate...
Networks of Fairness Review in Corporate Law, San Diego Law Review (2008)
The fairness doctrine in corporate law is rhetorically glorious. Courts speak of scrutinizing transactions tainted...
Delayering Corporate Law, Hofstra Law Review (2006)
Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals...
Regulation and Administrative Law
The Process-Welfare Nexus, Oklahoma City University Law Review (2009)
In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation...
The Political Economy of Commercial Speech, South Carolina Law Review (2007)
There exists much insightful commentary on the commercial speech doctrine. Some of it debates whether...
Rescuing Regulation (2006)
Competitive Debacle in Local Telephony: Is the 1996 Telecommunications Act to Blame?, Washington University Law Quarterly (2003)
This article challenges the conventional wisdom that the Telecommunications Act of 1996 is to blame...
Regulatory Givings and the Anticommons, Ohio State Law Journal (2003)
The concepts of takings and the tragedy of the commons are familiar to those versed...
Social Welfare Theory
Attractive Polarities, Narrow Boundaries, LSE STICERD Conference Proceedings (2009)
It is difficult to overestimate the importance of Lionel Robbins's Essay on the Nature and...
Panglossian Transnationalism, Stanford Journal of International Law (2008)
Transnationalism represents a major leap forward in our understanding of events that cross national borders....
Postmodernism, Representation, Law, University of Hawaii Law Review (2007)
This Article seeks to go beyond cute rhetorical labels to consider what, if anything, postmodernism...
Weasel Numbers, Cardozo Law Review (2006)
In an attempt to cabin the open-endedness of weasel words, traditional law and economics purports...
The Limits of Utilitarianism, Nevada Law Journal (2005)
Professor Steven Shavell's Foundations of Economic Analysis of Law offers a monumental overview of the...