Private Law
Pseudo-Contract and Shared Meaning Analysis
Law & Economics
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Private Law
Heimer v. Companion Life Insurance Co.
Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.
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Antitrust
Antitrust Remedies for Labor Market Power
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Harvard Law Review Forum
Does Running Out of (Some) Trademarks Matter?
Responding to Barton Beebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion
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Antitrust
On the Relevance of Market Power
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Harvard Law Review Forum
Antitrust Law is Not That Complicated
Responding to Louis Kaplow, On the Relevance of Market Power
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Constitutional Theory
Property is the New Privacy
The Coming Constitutional Revolution
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Harvard Law Review Forum
An Unapologetic Defense of the Classical Liberal Constitution
A Reply to Professor Sherry
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Harvard Law Review Forum
Of Priors and Disconnects
Intellectual preconceptions can distort intended takeaways
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Contract Law
Consent and Sensibility
Do consumers truly “consent” to contractual boilerplate?