A substantial literature on multisided markets – markets with multiple distinct groups of consumers who care about the extent of participation of other groups in the market – has developed over the past decade. This literature has not given substantial consideration to a critical...

The Internet's initial architecture was not designed with modern use cases in mind. Rather, it was designed by researchers to support the work of the research community. As a consequence, the Internet was built upon an implicit assumption that its users could, by and large, trust one another,...

Antitrust has long been treated as exceptional by the courts. This article argues that the Supreme Court is moving away from this exceptionalist treatment of antitrust, and is working to bring antitrust within a normalized administrative law jurisprudence. That is, we are moving into an era of...

This essay takes prior work on Chevron in a new direction, arguing that broad deference doctrines have the largely unrecognized but particularly pernicious effect of increasing the politicization of the legislative process. Not only do Chevron and related deference doctrines affect how...

The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to...

This Article explains that the Internet is inherently non-neutral, and that this non-neutrality stems from the very architectural features that make the Internet a cost-effective means of communication. I argue that the ongoing network neutrality debate is better understood as being about the...

This Article suggests a model for health insurance that embraces both Solidarity and Actuarial principles. This model indexes insurance premiums to the insured’s efforts to maintain his health – his Marginal Health Status – rather than his actual health status. Historically, health...

This brief explains amici's understanding of the relevant economic analysis. It explains why basic economic principles underlying the analysis of multi-sided markets lead to the conclusion that a plaintiff should be required to demonstrate, at a minimum, that: (1) the allegedly unlawful...

The Supreme Court's 2018 opinion in American Express v. Ohio is among the most important – and divisive – antitrust opinions in the modern era of antitrust law. The simplest statement of Justice Thomas's opinion for the majority is that it saw a 5 Justice majority of the Court fully embrace...