Intellectual property law is out of control. For more than a decade intellectual property rights holders have successfully expanded their rights, in the courts and in Congress. Commentators and policy makers have recently expressed concern over this expansion, and the Supreme Court has begun to...

Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most often on optimal deterrence and effectiveness. Lost in conversation is the basic idea that antitrust violations cause economic harm and that those victimized by that harm should be...

The success, failure, and durable meaning of major antitrust cases often turn on how they are framed before the courts and the public. In the Microsoft monopolization litigation, the government plaintiffs framed the case as one in which Microsoft sought to extinguish the threat to its Windows...