Since the passage of the Interstate Commerce Act (1897) and the Sherman Act (1890), regulation and antitrust have operated as competing mechanisms to control competition. Regulation produced cross-subsidies and favors to special interests, but specified prices and rules of mandatory dealing....

This is a comment on Kal Raustiala amp; Christopher Sprigman, The Piracy Paradox: Innovation and Intellectual Property in Fashion Design, 92 Va. L. Rev. 1687 (2006).The Piracy Paradox builds on the fun of fashion to undertake a serious exploration of whether we can sustain innovation without...

Many current bankruptcy debates—from critical vendor orders to the Supreme Court's decision last year in Czyzewski v. Jevic Holding Corporation—begin with bankruptcy's distributional rules and questions about how much discretion a judge should have in applying them. It is a mistake, however,...

The powerful shift in copying technology over the last thirty years has destabilized how we produce copies and the economic arrangements associated with prior technologies. These technological changes have created a broad shift in the ability to make copies moving control away from producers...

Since the passage of the Interstate Commerce Act (1897) and the Sherman Act (1890), regulation and antitrust have operated as competing mechanisms to control competition. Regulation produced cross-subsidies and favors to special interests, but specified prices and rules of mandatory dealing....