Selected published articles and commentary:

• Articles published by American Thinker magazine located here.
• Articles published by the American Institute for Economic Research located here.
• Fighting an AI “Monopoly” Where None Exists, Wall Street Journal (letters),  June 7, 2024 (print edition) (with Asheesh Agarwal) (disputes former AG William Barr’s assertion that Big Tech will evolve into a monopoly)
• The “Worst U.S. President” Who Wasn’t, Wall Street Journal (letters), July 6, 2022, (defends President Warren Harding’s economic record)
• GOP Must Articulate and Sell a Better Vision, Wall Street Journal (letters),  June 11, 2021
• You Can’t Insure Illness That’s Already There, Wall Street Journal (Letters), Sept. 4, 2017 (Points out that insuring against pre-existing conditions is an antinome).
• DOJ Is Right About Apple e-Books, Wall Street Journal (Letters), Feb. 25, 2015 (supports DOJ antitrust case against Apple as a matter of both law and economics).
• Judge, Jury, and Executioner: Is that What We Want? Wall Street Journal (Letters), Aug. 12, 2014 (questions due process adequacy in FTC’s antitrust enforcement).
• Economics Is Useful, But Is Not Nearly Physics, Wall Street Journal (Letters), Mar. 4, 2010 (questions the use of econometric evidence in litigation and policy formation).
• Prohibiting Fraud in Wholesale Petroleum Markets: The New Federal Trade Commission Market Manipulation Rule.  31 Energy Law Journal 125 (2010) (with James Mongoven).
• “Standard-Setting Disclosure Policies: Evaluating Antitrust Concerns in Light of Rambus,” 16 Antitrust Magazine 29 (Summer 2002) (with Alden F. Abbott).
• Potential Antitrust Issues for Industry-Sponsored Electronic Exchanges: Counseling B2Bs in an Uncertain Environment, Private Antitrust Litigation News, (Spring 2001).
• Preclosing Cooperation in Energy Mergers: Antitrust Issues and Practical Concerns, 13 (No.9) The Electricity Journal 68 (November 2000) (with Stephen Paul Mahinka).
• Principles for Developing Competition-Enhancing Transition Rules for a Restructured Electricity Industry, 13 (No.1) The Electricity Journal 51 (Jan./Feb. 2000)
• Antitrust Issues In Electric Utility Mergers and Alliances, 12 Antitrust Magazine 38(Summer 1998) (with Stephen Paul Mahinka).
• State Marketing Restrictions on Electric Utilities; Analysis of the Adverse Effects on Competition from Competitive Handicapping, monograph published by the Edison Electric Institute (September 1997) (with Caswell O. Hobbs III and Stephen Paul Mahinka)
• The Law of Damages for Enhanced Risk in Toxic Tort Cases, 14 Midwest L. Rev. 65 (1996)
• Export Joint Ventures as a Tool for Small Business, 12 Business Forum 26 (1987)

Submissions, on which I was a signatory, to Congressional Committees and the Federal Antitrust Agencies:

• FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions
• FTC Alumni Comments on Proposed Hart-Scott-Rodino Form
• FTC Alumni Comments on the Confidentiality of the Agency’s Investigations
• FTC Alumni Comments on the Commission’s Proposed Non-Compete Clause Rule
• FTC Alumni Open Letter to the Commission
• Request by for Investigation of the FTC’s Practice of Counting “Zombie Votes”
• Antitrust Scholars and Former Federal Antitrust Enforcers’ Letter to the FTC Expressing Concerns about Altering Enforcement Principles
• Positive Legislative Antitrust Agenda for Congress and the New Biden Administration

Appearances by me as Of Counsel or Amicus Curiae in the Supreme Court of the United States:

• Brief for Law & Economics Scholars in the case of Tennessee Wine & Spirits Assn. v. Zachary Blair, et al.  Submitted Dec. 20, 1918  (See relevant background here.)
• Brief in the case of Federal Trade Commission v. Rambus, Inc.  on petition for Writ of Certiorari, Submitted Feb. 23, 2004

Federal Trade Commission Reports on which I was a contributing author:

• Enforcement Perspectives on the Noerr-Pennington Doctrine, 2006
• Peer-2-Peer File Sharing Technology: Consumer Protection and Competition Issues, June 2005
• Possible Anticompetitive Barriers to E-Commerce: Contact Lenses, March 2004

See also my postings at Vienna Woods Law & Economics.

• Federal and State Merger Review Timing Needs Reform
• Why the Paramount–Warner Bros. Discovery Deal Will Likely Clear Even Under a More Aggressive Antitrust Regime
• FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions
• FTC Alumni Comments on Proposed Hart-Scott-Rodino Form
• FTC Alumni Comments on the Confidentiality of the Agency’s Investigations
• FTC Alumni Comments on the Commission’s Proposed Non-Compete Clause Rule
• FTC Alumni Open Letter to the Commission
• Request for Investigation of the FTC’s Practice of Counting “Zombie Votes”
• Antitrust Scholars and Former Federal Antitrust Enforcers’ Letter to the FTC Expressing Concerns about Altering Enforcement Principles
• Positive Legislative Antitrust Agenda for Congress and the New Biden Administration
• Supreme Court Rules in Tennessee Wine & Spirits Retailers Assn. v Thomas [previously, Blair]
• Law & Economics Scholars’ brief in the case of Tennessee Wine and Spirits Retailers Association v. Zackary W. Blair et al
• The Enduring Legacy of Henry Manne: A Review of the 2016 Law & Economics Center Conference
• What Does King v. Burwell Have to Do with the Antitrust Rule of Reason? A Lot
• Forecasting Trends in Highly Complex Systems: A Case for Humility
• Is Economics a Science? 
• Economics and Transparency in Antitrust Policy 
• The FTC’s Supreme Court Victory in N.C. Dental: A Rare Win for Both Libertarians and Regulators
• Amazon: Bully or Not? 

For a full list of my Articles, Papers, and Presentations, see my current CV here.