This is a preliminary chapter of my book in progress, tentatively titled The New Economics of Zoning Laws. This chapter selectively surveys court decisions on zoning over the past century. I offer new evidence on Nectow v. Cambridge (1927), the first case in which the US Supreme Court overturned...

Recent price-squeeze cases in the U.S. and the European Union illustrate different approaches to the issue of when agency regulation displaces an antitrust remedies, and highlight the Supreme Court’s new, less demanding approach to implied antitrust immunity, which the article argues is...

The controversy over railroad rates regulation represented a fundamental component of the jurisprudential trajectory that, culminating in Lochner v. New York, led to the era of so-called laissez faire constitutionalism. Constitutional protection of property required that regulation be such as to...

This Article first provides an overview of the Section 14(a) of the Securities Exchange Act of 1934 private right of action. Thereafter, the Article explores the implication of rights of action generally under federal law as well as the development of the implied right, its elements, and scope...

In a decision that delighted "deep pockets," shocked the plaintiffs' bar, and befuddled neutral observers, the Supreme Court in Central Bank of Denver v. First Interstate Bank of Denver held that aiding and abetting liability in private actions may not be imposed under section 10 (b) of the...

This article argues that the rules of European private international law, which frame international litigation in the courts of the Member States of the EU, fail in their pursuit of the cosmopolitan goals of EU environmental policy. The practical application of these rules is limited to the...