Volume 100

Issue 1

  • ArticleVol. 100 · Iss. 1

    Disapproval of Quick-Look Approval: Antitrust after NCAA v. Alston

    Abstract In its most recent antitrust opinion, National Collegiate Athletic Association v. Alston (2021), the Supreme Court condemned the NCAA’s policy against compensating student…

  • ArticleVol. 100 · Iss. 1

    Content Under Pressure

    Abstract The government generally may not punish speakers based on the content of their speech. Or so the story goes. While American courts frequently…

  • ArticleVol. 100 · Iss. 1

    Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response

    Abstract Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a…

  • ArticleVol. 100 · Iss. 1

    Litigating Authority for the FDA

    Abstract The Food and Drug Administration (FDA), like most federal agencies, is a captive client. Its “lawyer,” the Department of Justice (DOJ), ultimately decides…

  • ArticleVol. 100 · Iss. 1

    The Paradox of Same-Sex Parentage Equality

    Abstract There is a general scholarly consensus that the law of parental determination should conform to the principles of equality. But the precise meaning…