During his presidential campaign, Sen. Barack Obama criticized sharply the lax antitrust law enforcement record of the George W. Bush administration. Subsequently, his first assistant attorney general for antitrust even went so far as to suggest that the Great Recession was, at least in part,...

Classical approaches to the law, even statutory law, teach that its purpose is to codify behavioral rules creating clear expectations about the consequences of human interactions. Stability and predictability are the rule of law’s hallmarks. The present essay explores those principles within...