Scholarship

Articles and Essays

· Build Public Renewables, Again, 123 Michigan Law Review (forthcoming 2025) (reviewing Brett Christophers, The Price Is Wrong: Why Capitalism Won’t Save the Planet (2024))

· A Revival of Nondomination in Antitrust Law, 93 George Washington Law Review (forthcoming 2025)

· The Robinson-Patman Act as a Fair Competition Measure, 97 Temple Law Review (forthcoming 2024) (with Brian Callaci and Daniel Hanley)

· Money as an Instrument for Justice, 69 UCLA Law Review Discourse 2 (2023) (reviewing Destin K. Jenkins, The Bonds of Inequality: Debt and the Making of the American City (2021) and Jakob Feinig, Moral Economies of Money: Politics and the Monetary Constitution of Society (2022))

· How Antitrust Can Help Tame Capital and Empower Labor, 32 New Labor Forum 50 (2023) (with Brian Callaci)

· Antitrust Remedies for Fissured Work, 108 Cornell Law Review Online 27 (2023) (with Brian Callaci)

· Non-Competes and Other Contracts of Dispossession, 2022 Michigan State Law Review 113 (with Matthew Jinoo Buck)

· The Morality of Monopolization Law, 63 William & Mary Law Review Online 119 (2022)

· Privileging Consolidation and Proscribing Cooperation: The Perversity of Contemporary Antitrust Law, 1 Journal of Law and Political Economy 28 (2020)

· Preventing the Curse of Bigness Through Conglomerate Merger Legislation, 52 Arizona State Law Journal 75 (2020) (with Robert Lande)

· Cooperative Enterprise as an Antimonopoly Strategy, 124 Penn State Law Review 1 (2019) (with Nathan Schneider)

· The Profound Nonsense of Consumer Welfare Antitrust, 64 Antitrust Bulletin 479 (2019) (invited contribution)

· Accommodating Capital and Policing Labor: Antitrust in the Two Gilded Ages, 78 Maryland Law Review 766 (2019)

· Eleven Things They Don’t Tell You About Law & Economics: An Informal Introduction to Political Economy & Law, 37 Law & Inequality 97 (2019) (with Frank Pasquale, Martha McCluskey, and others)

· The Politics of Professionalism: Reappraising Occupational Licensure and Competition Policy, 14 Annual Review of Law & Social Science 309 (2018) (with Frank Pasquale)

· The Twilight of the Technocrats’ Monopoly on Antitrust?, 127 Yale Law Journal Forum 980 (2018)

· Resurrecting “A Comprehensive Charter of Economic Liberty”: The Latent Power of the Federal Trade Commission, 19 University of Pennsylvania Journal of Business Law 645 (2017)

· Market Power and Inequality: The Antitrust Counterrevolution and Its Discontents, 11 Harvard Law & Policy Review 235 (2017) (with Lina Khan)

· The Arc and Architecture of Private Enforcement Regimes in the United States and Europe: A View Across the Atlantic, 14 University of New Hampshire Law Review 303 (2016) (with Jason Rathod)

· What Iron Pipe Fittings Can Teach Us About Public and Private Power in the Market, 91 Indiana Law Journal Supplement 15 (2015)

· Reconsidering Brooke Group: Predatory Pricing in Light of the Empirical Learning, 12 Berkeley Business Law Journal 81 (2015)

· The Evolving Populisms of Antitrust, 93 Nebraska Law Review 370 (2014)

· Market Power in Power Markets: The Filed Rate Doctrine and Competition in Electricity, 46 University of Michigan Journal of Law Reform 921 (2013)

· The Great A&P and the Struggle for the Soul of Antitrust, 98 Iowa Law Review Bulletin 55 (2013)

· Preempting Parochialism and Protectionism in Power, 49 Harvard Journal on Legislation 87 (2012)

· Reviving an Epithet: A New Way Forward for the Essential Facilities Doctrine, 2010 Utah Law Review 911

· Different Shades of Gray: Crafting a Regulatory Response to Private Equity Buyouts in Electricity, 22 Electricity Journal 37 (Jan./Feb. 2009)

· Pacific Bell v. LinkLine: Price Squeezing and the Limits of Judicial Administrability, 4 Duke Journal of Constitutional Law and Public Policy Sidebar 129 (2008)