Articles
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...
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...
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...
Anti-Monopolization Workarounds, Competition (2008)
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...
Panglossian Transnationalism, Stanford Journal of International Law (2008)
Transnationalism represents a major leap forward in our understanding of events that cross national borders....
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...
Postmodernism, Representation, Law, University of Hawaii Law Review (2007)
This Article seeks to go beyond cute rhetorical labels to consider what, if anything, postmodernism...
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...
A Modest Enterprise, Lewis and Clark Law Review (2006)
Delayering Corporate Law, Hofstra Law Review (2006)
Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals...
From Incongruity to Cooperative Federalism, University of San Francisco Law Review (2006)
The conventional wisdom has been that state law governs internal affairs, and federal law governs...
The Misguided Transformation of Loyalty into Contract, Tulsa Law Review (2006)
The law of unincorporated associations is engaged in a misguided march in transforming the duty...
Weasel Numbers, Cardozo Law Review (2006)
In an attempt to cabin the open-endedness of weasel words, traditional law and economics purports...
Reconceiving the Firm, Cardozo Law Review (2005)
Despite their seemingly sophisticated economics, existing theories of the firm have made for poor public...
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....
The Limits of Utilitarianism, Nevada Law Journal (2005)
Professor Steven Shavell's Foundations of Economic Analysis of Law offers a monumental overview of the...
Saving Antitrust, University of Colorado Law Review (2004)
Commentators regularly criticize antitrust for its wobbly intellectual foundations and ineffectual results. To address this...
Beyond Facile Assumptions and Radical Assertions: A Case for Critical Legal Economics, Utah Law Review (2003)
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...
Toward Meaningful Cable Competition: Getting Beyond the Monopoly Morass, New York University Journal of Legislation and Public Policy (2003)
Books
Rescuing Regulation (2006)
Contributions to Books
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...