When Antitrust Met WTO: Why U.S. Courts Should Consider U.S.-China Disputes in Deciding Antitrust Cases Involving Chinese Exports

  By: Dingding Tina Wang

 

Antitrust law is domestic, while WTO law is international. Domestic antitrust law generally targets private conduct, while WTO law targets state conduct. What happens when private and state conduct mix? The peculiar, hybrid nature of China’s ...READ MORE

Of Speech and Sanctions: Toward a Penalty-Sensitive Approach to the First Amendment

  By: Michael Coenen

 

Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free speech right, these courts tend to treat an individual’s expression as either protected, in which ...READ MORE

“Deference” Is Too Confusing—Let’s Call Them “Chevron Space” and “Skidmore Weight”

  By: Peter L. Strauss

 

This Essay suggests an underappreciated, appropriate, and conceptually coherent structure to the Chevron relationship of courts to agencies, grounded in the concept of “allocation.” Because the term “deference” muddles rather than clarifies the structure’s operation, this Essay ...READ MORE

 

Bakalar v. Vavra and the Art of Conflicts Analysis in New York: Framing a Choice of Law Approach for Moveable Property

By: Laurie Frey

 

The facts of Bakalar v. Vavra presented a familiar scenario in Holocaust-era art cases. A good faith purchaser, who thought he had bought clear title to a drawing, went to sell the drawing at auction in New York and ...READ MORE