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."
Digital Platforms and the Leverage Problem
Patrick F. Todd, Herbert Smith Freehills LLP
"This Article analyzes the historical origins and Chicago critique of the leverage doctrine and how these informed the development of antitrust policy."
Restorative Justice and Youth Offenders in Nebraska
Kristen M. Blankley, Associate Professor, University of Nebraska & Alisha Caldwell Jimenez, Restorative Justice Program Analyst for the Nebraska Supreme Court’s Office of Dispute Resolution
"This Article primarily serves as a case study for the recently implemented VYC program utilized in Nebraska for youth offenders both in schools and in the community."
The Dollar’s Deadly Laws That Cause Poverty and Destroy the Environment
Christopher P. Guzelian, Assistant Professor, Department of Finance and Economics, McCoy College of Business Administration, Texas State University
"This Article examines implications of these four legally entrenched aspects of the modern dollar—fiat money, legal tender, functional currency, and non-fiat money bans."
Showcase Panel I: What Is Regulation For?
Panelists: Richard Epstein, Philip Hamburger, Kathryn Kovacs, Jon D. Michaels, and Britt Grant
"There are robust debates, which we will experience first-hand here today about whether the administrative state . . . is a threat to liberty or a guarantor of liberty, whether the direction that the administrative state has gone is a turn away from its originally correct role . . . or is the inevitable fulfillment of the headless monster that is the fourth branch of government."
Showcase Panel III: The States and Administrative Law
Panelists: Nestor Davidson, Christopher Green, Miriam Seifter, Jeffrey Sutton, and Michael Scudder
"Our first panel this morning is titled 'The States and Administrative Law.' And we’ve assembled for you this morning what I consider to be a truly first-class group of panelists"
More than Mere “Constitutional Window Dressing”: Why the Press Clause Should Protect a Limited Right to Gather Information
Mallory B. Rechtenbach, J.D. Candidate, 2020, Nebraska College of Law
"In order to give full effect to the First Amendment, newsgathering must be given some limited protection."
Not All Agua is Caliente: Proposing the Winters Groundwater Test
Hannes D. Zetzsche, J.D. Candidate, 2020, Nebraska College of Law
"Instead of the Agua Caliente approach, this Comment proposes a three-prong Winters Groundwater Test for analyzing claims of federal reserved groundwater."
Bahtuoh v. Smith, 855 F.3d 868 (8th Cir. 2017): Promising a Bleak Future for Ineffective Assistance of Counsel Claims in the Eighth Circuit
Mary R. Marcum, Recent Graduate, Nebraska College of Law
"The Eighth Circuit’s decision in Bahtuoh v. Smith created a split in the federal circuits. As of now, for the Eighth Circuit it is not necessarily ineffective assistance of counsel for a defense attorney to break opening statement promises to have a defendant testify."
Sexual Predator Laws: Clarifying the Relationship between Mental Health Laws and Due Process Protections
Maureen F. Larsen, Recent Graduate, Nebraska College of Law, and Robert F. Schopp, Professor of Law, Nebraska College of Law
"Sex offenses are heinous crimes. Deservedly, these crimes inspire fear and moral outrage, and society must be protected from violent predators. Nevertheless, the boundaries between mental health laws and the criminal justice system must be preserved."