Nearer to Thee: Cy Près and Religious Discrimination
In the law of charitable trusts, courts wield exceptional power with respect to two equitable remedies—cy près and the closely related doctrine of deviation—they . . .
Nearer to Thee: Cy Près and Religious Discrimination
Are Employee Noncompete Agreements Coercive? Why the FTC’s Wrong Answer Disqualifies It from Rulemaking (For Now)
The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreement (“NCAs”) as unfair methods of competition under Section 5 of . . .
The Law and Economics of Privacy
Consumer welfare has been a north star of the Federal Trade Commission (FTC), providing an organizing principle for diverse issues under the Commission’s dual . . .
‘Killer Acquisitions’ Reexamined: Economic Hyperbole in the Age of Populist Antitrust
Major competition regulators, and substantial portions of the scholarly community, have rapidly adopted the view that “killer acquisitions” and “kill zones” constitute significant sources . . .
Markups and Business Dynamism Across Industries
Evidence of rising market power in the U.S. economy has received widespread attention in macroeconomics literature. Recent research has linked trends in measured market . . .
Have We Misunderstood Copyright’s Consequences?
This paper uses an unusually rich 21st century data set to compare two sets of vintage bestsellers from the early 20th century that, by . . .
Peer-to-Peer and Real-Time Payments: A Primer
Executive Summary Electronic peer-to-peer (P2P) payments can serve as an effective alternative to other payment methods, such as cash and checks. Real-time payments (RTPs)—originally developed . . .
IP Rights Delayed are IP Rights Denied
The EC has proposed a regulatory framework for SEPs, the heart of which is the establishment of a regulatory authority—a “competence center”—charged with maintaining . . .
Cost-Benefit Analysis Without the Benefits or the Analysis: How Not to Draft Merger Guidelines
Previous iterations of the DOJ/FTC Merger Guidelines have articulated a clear, rigorous, and transparent methodology for balancing the pro-competitive benefits of mergers against their . . .