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Law & Economics

Justice Scalia's Contributions to Antitrust Law - Audio/Video

2016 National Lawyers Convention
Frank H. Easterbrook, Deborah A. Garza, C. Scott Hemphill, Douglas H. Ginsburg November 23, 2016

In his confirmation hearing, Justice Scalia told the Senators that, as a law school student, he had never really understood antitrust law; later, he learned that he shouldn't have understood it, because it did not make any sense then. It should come as no surprise, that in his subsequent time on the Court, Justice Scalia strove to rectify that problem, and succeeded through clearly written majority decisions that changed the direction of jurisprudence on monopolization (U.S. v. Trinko) and class certification in massive antitrust and other business class actions (Wal-Mart v. Dukes, Comcast v. Behrens), and powerful dissents. As a modern intellectual leader of the "Chicago school" of economics, Justice Scalia played an important role in shaping the Court's approach to antitrust law and hence development of the law in the lower courts. It is a good time to consider the impact of his legacy, including how lasting those decisions will be, whether and how the course of antitrust jurisprudence could change and who will take his place in the Court on these issues.

This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Corporations, Securities & Antitrust: Justice Scalia's Contributions to Antitrust Law
1:45 p.m. – 3:15 p.m.
East Room

  • Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
  • Ms. Deborah A. Garza, Partner, Covington & Burling LLP
  • Prof. C. Scott Hemphill, Professor of Law, New York University School of Law
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit

The Mayflower Hotel
Washington, DC

Regulating Rideshare: Uber & Lyft in Austin, TX

Short video
November 04, 2016

Why did Uber and Lyft leave one of the fastest-growing cities in America? Lawyers, reporters, Austin city council members, and the drivers themselves weigh in on the core issues of regulating the sharing economy and what it means for the future of ridesharing in Austin, TX. 

In the sharing economy, should new, high-tech businesses face the same regulatory framework as their more established competitors? Or should we allow the peer-to-peer market to regulate itself? "Regulating Rideshare" explores these issues and more in the first of our three documentary shorts about legal issues in the sharing economy.

Texas and Regulation - Event Audio/Video

Second Annual Texas Chapters Conference
Arif Panju, Timothy Sandefur, Prerak Shah, Russell Withers, Don R. Willett, Diane Kozub September 22, 2016

The tension between economic liberty and the state’s power to regulate economic activity has long served as a source for landmark cases and controversies.  Post-New Deal jurisprudence opened the floodgates to economic regulation.  In Texas, entrepreneurs who have developed cutting-edge innovations have found themselves tangled in regulatory red tape.  But one’s right to engage in economic activity free from unreasonable government interference has always been understood as being in lockstep with Texas’s independent spirit.  However, critics maintain that consumer protection and maintaining a level playing field are also important goals in crafting their regulatory policies. This tension has given rise to cases and legislative battles in the Lone Star State that have garnered national attention.  Will Texas continue to lead the way for entrepreneurs and innovators, and how will the regulatory state affect this trajectory?  What is the proper balance between innovation and regulation?

This panel took place on September 17, 2016, during the Second Annual Texas Chapters Conference in Austin, Texas. The theme for the conference was "The Separation of Powers in the Administrative State".

Panel Three: Texas and Regulation 
3:00 p.m. - 4:30 p.m. 

Amphitheater 204

  • Mr. Arif Panju, Institute for Justice
  • Mr. Tim Sandefur, Goldwater Institute and author, The Right to Earn a Living
  • Mr. Prerak Shah, Office of Texas Attorney General
  • Mr. Russell Withers, General Counsel, Texas Conservative Coalition Research Institute
  • Moderator: Hon. Don Willett, Texas Supreme Court
  • Introduction: Ms. Diane Kozub, Former Assistant United States Attorney at United States Attorney's Office

AT&T Executive Education and Conference Center
University of Texas at Austin
Austin, TX