This Comment examines the collateral order doctrine, a narrow exception to the otherwise general rule that appeals from interlocutory orders are generally disallowed in the federal court system. It does so in the context of fugitive disentitlement orders. This Comment focuses on a recent Second Circuit decision, United States v. Bescond, analyzing its consequences for interlocutory challenges by foreign defendants who live and conducted...

Various forces are driving healthcare providers to pursue integration to reduce prices and improve efficiency. Right now, the dominant payment model for healthcare is fee-for-service, in which a patient is charged for each individual service, test, or visit. An alternative model is value-based care, in which the emphasis is on value as opposed to volume. But to provide value-based care, health systems generally must be integrated enough to connect...

The age of digital distribution exacerbates transaction costs in two distinct ways. First, the dissemination of large quantities of works requires permissions from myriad copyright holders. Second, new technologies lower the cost of content creation, resulting in millions of individual creators, rather than a discrete set of large industry repeat players. The potential of class actions to address this rising transaction cost problem has gone largely...

Although antitrust scrutiny of “big tech” companies has increased drastically over the past decade, much of the national debate has concerned issues of monopolization and the Sherman Act—the dominant federal antitrust statute. But with rapid developments in artificial intelligence and machine learning, algorithmic price fixing has become an increasingly pressing threat that the Sherman Act is ill-equipped to tackle. Under the current framework,...

Class actions for monetary relief have long been the subject of in­tense legal and political debate. The stakes are now higher than ever. Contractual agreements requiring arbitration are proliferating, limit­ing the availability of class actions as a vehicle for collective redress. In Congress, legislative proposals related to class actions are mired in par­ti­san division. Democrats would roll back mandatory arbitration agree­ments while...

As U.S. competition authorities ponder whether age-old antitrust laws should be modernized to apply to tech giants, a first-order question is: What existing antitrust laws apply to their conduct? A formerly formida­ble tool that has been defanged through lax enforcement is the Robinson–Patman Act (RPA). Passed by Congress in 1936, the RPA was drafted in response to a growing public concern that large chain stores were squeezing out small businesses....

Introduction When a Louisiana state court set Ronald Egana’s bail at $26,000, Egana’s mother and close friend did what hundreds of thousands of arrestees do each year: They sought the services of a commercial bail bondsman. Blair’s Bail Bonds agreed to post Egana’s bail in exchange for a twelve-percent nonrefundable premium, the state-approved rate in […]

* Partner, Wachtell, Lipton, Rosen & Katz, Law Clerk to the Honorable Ruth Bader Ginsburg, October Term 1998.

In Borrowing Equality, Professor Atkinson deftly demonstrates Congress’s nonsensical bifurcation of the twin concepts of “credit” and “debt,” whereby it celebrates and encourages the former and regulates and punishes the latter. She then shows that, in refusing to acknowledge the harmful consequences of indebtedness while legislating credit-based solu­tions to inequality, these credit policies in fact entrench the very hierar­chies...