Sports Gambling in Nebraska: A Good Bet for the Good Life
Brett M. Bruneteau, J.D., University of Nebraska-Lincoln
"Nebraska should legalize and regulate sports gambling. In May 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), a federal bill designed to ban sports gambling across the United States. Consequently, sports gambling became a state issue."
The Statutory Stigmatization of Mentally Ill Parents in Parental Rights Termination Proceedings
Student Julie Wertheimer, J.D. Candidate, 2020, Psychology Ph.D. candidate, University of Nebraska-Lincoln
"This Comment will argue that the parental rights termination statutes that list “mental illness or mental deficiency” as a ground for termination promote the stigmatization of parents with mental challenges."
Judge Koh’s Monopolization Mania: Her Novel Antitrust Assault Against Qualcomm Is an Abuse of Antitrust Theory
Richard A. Epstein, Laurence A. Tisch Professor of Law, The New York University School of Law.
"The consequences of the FTC’s misclassification of its case against Qualcomm is serious in that it tends to suppress the competition and innovation that the antitrust laws are supposed to advance."
Digital Platforms and Antitrust Law
Keith N. Hylton, Professor of Law, Boston University Law School.
"This Article is about big data and antitrust law. . . . This Article takes a broad brush to the topic and sweeps in non-competition issues where relevant."
Platforms, Power, and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.-Europe Divide
Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law.
"This Article is a comparative analysis of U.S. and EU law regarding monopolization/abuse of dominance as background to understanding why EU law is aggressive and U.S. law may be meek in the treatment of the big tech platforms."
American Express, the Rule of Reason, and the Goals of Antitrust
Harry First, Charles L. Denison Professor of Law, New York University School of Law.
"[I]n this Article I argue that the Court’s opinion muddled the rule of reason analysis instead of advancing it and misused the concept of 'market' along the way."
Lessons from Amex for Platform Antitrust Litigation
Evan Chesler, Chairman, Cravath, Swaine & Moore, LLP, & David Korn, Associate, Cravath, Swaine & Moore, LLP.
"This Article, written one year after the [Amex] decision, highlights several lessons from the [Amex] Court . . . [and] also addresses some of the criticisms and misperceptions surrounding the decision."
AmEx and Post-Cartesian Antitrust
Justin (Gus) Hurwitz, Associate Professor of Law and Co-Director, Space, Cyber, and Telecom Law Program, University of Nebraska College of Law.
"The Court’s American Express opinion is not narrowly about whether (or how) antitrust law should embrace the theory of two-sided markets. Rather, I argue that this opinion is part of the Court’s ongoing efforts to understand how antitrust law should evaluate markets that are not neatly 'horizontal' or 'vertical.'"
Corporate Purpose in a Populist Era
Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law
"Given these political trends and the underlying economic ills driving them, the question arguably 'is no longer whether populist pressure will have a strong influence on policy decisions but how.'"
"I Did It, but...I Didn't": When Rejected Affirmative Defenses Produce Wrongful Convictions
James R. Acker, Distinguished Teaching Professor, School of Criminal Justice, University at Albany; and Sishi Wu, Ph.D. student, School of Criminal Justice, University at Albany
"This Article examines wrongful convictions that result from the erroneous rejection of an affirmative defense."