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Baldwin v. U.S.: Will the Chevron Doctrine Be Refined or Overruled?
In Baldwin v. United States, No. 17-55115 (filed April 16, 2019), the United States...
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An Unprecedented Conflict Between the FTC and DOJ at the Intersection of Antitrust and Patent Law
The Federal Trade Commission’s lawsuit against Qualcomm under the antitrust laws has led to an...
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A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris
Introduction In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on...
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The Flaws in the Latest Proposal to Break Up Big Tech
A lot has been written about Senator Warren’s proposal to break up tech platforms. Two...
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An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data
The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in...
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Nuggets of Gold from the Executive Branch Review Conference
Yesterday I attended the Federalist Society’s Executive Branch Review Conference. This is becoming a must...
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Love Terminal (Government Takings) Deserves its Day in Court
Below are remarks by political commentator George Will from the Federalist Society event on Government...
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Mueller Report Fireworks – And It Isn’t Even the Fourth of July
And the drama continues! On Wednesday, Attorney General William Barr appeared before the Senate Judiciary...
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Rule 8.4(g) Development: Two Major Changes in Utah, Comment Period Ends Sunday
In 2017, the Utah Supreme Court held a public comment period on a proposal that...
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Antitrust is Hot Again - A Conversation on Populist, Hipster, and More Antitrust Policy Monikers
In March, the Pepperdine Law Review cohosted a symposium with the Regulatory Transparency Project on "Regulating Tech:...