The Nebraska Law Review

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.'"

Platforms, American Express, and the Problem of Complexity in Antitrust

Chris Sagers, James A. Thomas Distinguished Professor of Law, Cleveland State University.

"This Article will ask as an initial question whether the stance taken in American Express was a worthwhile prophylaxis, comparing the cost of its rule to the likelihood that some good was done by giving credit cards this much leeway."

Ecosystem Competition and the Antitrust Laws

Daniel A. Crane, Frederick Paul Furth, Sr. Professor of Law, University of Michigan.

"In this Article, I will first flesh out each of the three examples of ecosystem competition, then discuss the effects of ecosystem competition on consumer welfare, and finally turn to legal questions concerning the potential relevance of ecosystem competition to antitrust law."

The Evolution of Antitrust Doctrine After Ohio v. Amex and the Apple v. Pepper Decision That Should Have Been

Geoffrey A. Manne, Founder and President of the International Center for Law & Economics (ICLE), & Kristian Stout, Associate Director at ICLE.

"A crucial implication of the Amex decision is that participants on both sides of a transactional platform are part of the same relevant market, and the terms of their relationship to the platform are inextricably intertwined."

Disaggregating Market Definition: AmEx and a Plural View of Market Definition

Daniel Francis, Associate Director for Digital Markets, Bureau of Competition, FTC, & Jay Ezrielev, Economic Advisor, Office of the Chairman, FTC.

"In this Article, we set out one account of what AmEx could mean for market definition in future antitrust cases."