Corporate and Securities Law
Dodd-Frank: Toward First Principles?, Chapman Law Review (2011)
When confronting a major crisis, tinkering at the margins of policy will likely do precious...
Brokers, Fiduciaries, and a Beginning, Review of Banking and Financial Law (2011)
Under our securities regime, investment advisers are considered to be fiduciaries, whereas broker-dealers are not....
Citizens United as Corporate Law Narrative, Nexus: Chapman's Journal of Law and Policy (2011)
In a 5-4 opinion, decided January 21, 2010, Citizens United struck down § 203 of...
Expressive Rights for Shareholders After Citizens United?, University of San Francisco Law Review (2011)
On January 21, 2010, in a 5-4 opinion, Citizens United struck down § 203 of...
An Uneasy Case for White Collar "Martyrs", University of San Francisco Law Review (2010)
To his credit, Professor Sandeep Gopalan has written a provocative Article. As far as I...
Regulation and Administrative Law
How Does the Government Interact with Business?: From History to Controversies, Ohio State University Entrepreneurial Business Law Journal (2010)
The relationship between American government and American business is a vast topic of immeasurable complexity....
The Process-Welfare Nexus, Oklahoma City University Law Review (2008)
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)
The traditional debate on governmental regulation has run its course, with economically minded analysts pointing...
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...
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)
Bringing a monopolization claim under California's Cartwright Act is difficult work. This article first explains...
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)
This article discusses The Antitrust Enterprise by Herbert Hovenkamp. While generally praising the book for...
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....
Social Welfare Theory
Panglossian Transnationalism, Stanford Journal of International Law (2008)
Transnationalism represents a major leap forward in our understanding of events that cross national borders....
Attractive Polarities, Narrow Boundaries, LSE STICERD Conference Proceedings (2007)
It is difficult to overestimate the importance of Lionel Robbins's Essay on the Nature and...
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...