Principal, Kensington Antitrust Advisors Group
Professor of Law, Thomas Jefferson School of Law
1984-1987 Stanford Law School, J.D. with Distinction
Positions: Editor-in-chief, Volume 6, Stanford Environmental Law Journal; President, Sergeants-at-Law Trial Advocacy Group.
Honors:Best Brief, 1987 Kirkwood Moot Court Competition; Olaus and Adolph Murie Award (Second Prize) in Writing on Law and the Environment; R. Hunter Summers Trial Practice Award.
1980-1984 Rutgers College, B.A. in History with Highest Honors
“The Reverse-Robin-Hood-Cross-Subsidy Hypothesis: Do Credit Card Systems Effectively Tax the Poor to Reward the Rich?” (forthcoming 2009 Rutgers Law Journal)
“The Antitrust Economics (and Law) of Surcharging Credit Card Transactions” (forthcoming 2009 Stanford Journal of Law, Business & Finance)
“The Competitive Benefits of Credit Card Merchant Restraints: A Response to Professor Levitin” (forthcoming 2009 Discourse: On-line Supplement to the UCLA Law Review”
“Sweet Land of Property?: The History, Symbols, Rhetoric, and Theory Behind the Ordering of the Rights to Liberty and Property in the Constitutional Lexicon,” 60 S.C. L. Rev. __ (forthcoming fall 2008)
“Credit Card Interchange Fees: Debunking Six Myths,” 27 Banking and Financial Services Policy Report 1 (February 2008)
“Enforcing Fourth Amendment Rights Through Federal Habeas Corpus,” 34 Search & Seizure L. Rep. 49 (2007)
“Credit Card Interchange Fees: Three Decades of Antitrust Uncertainty,” 14 Geo. Mason L Rev. 941 (2007)
Enforcing Fourth Amendment Rights Through Federal Habeas Corpus,@ 58 Rutgers L. Rev. 983 (2006)
Two Theories of Habeas Corpus, 71 Brooklyn L. Rev. 1235 (2006)
A Reasoning Process Review Model For Federal Habeas Corpus, 94 J. Crim. L. & Crim 897 (2004)
Reconfirming Habeas Corpus; Reviewing Eric M. Freedman=s Habeas Corpus: Rethinking the Great Writ of Liberty,H-Net: Humanities & Social Sciences at http://www.h‑net.org/reviews/showrev.cgi?path=320571079248061 (2004), reprinted 27 Thomas Jefferson L. Rev. 317 (2005)
Forced Sharing, Efficiency, and Fairness: An Examination of the Essence of Antitrust, 52 Kan. L. Rev. 57 (2003)
Speta on Antitrust and Local Competition Under the Telecommunications Act: A Comment Respecting the Accommodation of Antitrust and Telecom Regulation, 71 Antitrust L.J. 147 (2003)
An Essay on Property Rights in Milestone Homerun Baseballs, 56 So. Meth. U.L. Rev. 2281 (2003)
The Antitrust-Telecom Connection, 40 San Diego L. Rev. 555 (2003)
Regulating Information Platforms: The Convergence to Antitrust,1 J. on Telecomm. & High Tech. L. 143 (2002)
Responsibility in Capital Sentencing, 39 San Diego L. Rev. 79 (2002)
From Blueprints to Baseball: A Survey of Current Baseball Stadium Financing Projects B San Diego, 34 Urban Lawyer 389 (2002)
Criminal Law: Substantive Criminal Law and Criminal Procedure, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, ‘126.96.36.199 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net)(with Marjorie Cohn & Ruth B. Philips)
Telecommunications Law: The United States Model for Economic Regulation of Telecommunications Providers, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, ‘188.8.131.52 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net)
Allocating Frequencies on the Electromagnetic Spectrum, e:pub, The Online Publication of the Center for Law, Technology and Communications at Thomas Jefferson School of Law (Jan. 2001)
Demystifying Antitrust State Action Doctrine, 24 Harv. J.L. & Public Policy 203 (2000)
Government Enforcement of the Antitrust Laws, 47th Annual American Bar Association Antitrust Section Spring Meeting (Apr. 14, 1999)
“Abortion Clinic Protest and the First Amendment,” 8 St. Louis University Public Law Review 221 (1993) (with Larry Eisenstein)
“Antitrust Fundamentals: Immunities and Exemptions,” 38th Annual American Bar Association Antitrust Section Spring Meeting (March 21, 1990 & updated October 1990 and March 1991) (with Jim Atwood)
“The Process of Death: Reflections On Capital Punishment Issues In The Tenth Circuit Court Of Appeals,” 66 Den. U.L. Rev. 563 (1989)
“Distinguishing International From Domestic Predation: A New Approach To Predatory Dumping,” 23 Stan. J. Int’l. L. 621 (1987)
“Toward An Optimal System of Successor Liability For Hazardous Waste Cleanup,” 6 Stan. Env. L.J. 226 (1987)
Oxford University Press, “Terror and Tyranny: Preventive Detention in the age of Jihad” (2008)
University of the Pacific: McGeorge School of Law, outside scholarship review for faculty promotion (2008).
SCRIPT-ed ~ A Journal of Law, Technology & Society, published under the auspices of SCRIPT, the AHRC Research Centre for Studies in Intellectual Property and Technology Law at the University of Edinburgh, “Telecommunications Mergers in Korea” (2007).
Advocacy & Policy Consulting
United States Senate, Committee on the Judiciary, Consultant re: Credit Card Interchange Fees (2008)
Brief of Law Professors as Amici Curiae Supporting Respondent, Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, U.S. Sup. Ct. (2003)
OP EDS & LETTERS
Getting an Earful of Earmarks, LA Daily Journal (September 16, 2008)
Political campaigns and the attack ad, San Diego Union-Tribune (Oct. 31, 2002)
Where has our freedom gone?, San Diego Union-Tribune (May 4, 2001)
Here’s a way to cut rates fairly for all, Philadelphia Inquirer (April 15, 2001)
The Myth of a Certain Vote Count, the Jurist at http://jurist.law.pitt.edu/election2000.htm (Nov. 2000)
Time for Reform of Death Penalty, Natinal L.J., p. A17 (July 24, 2000)
“Wilmer, Cutler Case No Help for Victims,” Legal Times, Vol. 28, No. 24 at 20 (November 13, 1989)
“Readers Reply to Crew on Matsushita,” Antitrust, Winter 1987, at 48
“Recent Issues Concerning Capital Punishment,” National Lawyers Guild, Thomas Jefferson School of Law Chapter (February 2008)
Antitrust Challenge to Credit Card Interchange Fees,@ 7thAnnual Loyola Antitrust Colluquium, Loyola University of Chicago School of Law, Institute for Consumer Antitrust Studies (April 13, 2007)
Indirect Purchaser Antitrust Suits Under State Law,@ Legal Research Network on-line presentation (July 2006)
Who Owns the Milestone Home Run Baseball,@ presented at the Thomas Jefferson School of Law (October 2003)
Big Media Mergers and Consumer Welfare,@ presented at The Faculty of Law at Queen=s University (November 2002)
Recent Issues in U.S. Death Penalty Law,@ presented at The Faculty of Law at Queen=s University (November 2002)
The Great Writ of Habeas Corpus and the Death Penalty Conference,@ presented at the Thomas Jefferson School of Law Center for Law and Social Justice (November 7, 2002) (commenting on Eric Freedman=s Habeas Corpus: Rethinking the Great Writ of Liberty)
Regulating Information Platforms: The Convergence to Antitrust,@ presented at the University of Colorado School of Law (January 27, 2002)
The Case for Re-voting in Close Elections,@ presented at Thomas Jefferson School of Law (November 2000)
A Responsibility Theory for Death Penalty Law,@ presented at Thomas Jefferson School of Law (October 2000)
The Antitrust Enforcement Agencies,@ 47th Annual American Bar Association Spring Meeting, Antitrust Section, April 15, 1999, Washington, D.C.
“Technology Standards, Intellectual Property, and Antitrust,” presented at the American Intellectual Property Law Association, 1996 Spring Meeting, Boston, Massachusetts
“Overcoming the Noerr/Pennington Defense to Antitrust Prosecutions,” presented at the United States Department of Justice, Antitrust Division, Washington, DC, June 30, 1994
“The Use of Civil Rights Statutes To Enjoin Abortion Clinic Blockades,” presented at American University, Washington, DC, October 24, 1991
“A Proposal To Reform Procedural Default Rules In Federal Habeas Corpus Proceedings,” presented to the American Bar Association Committee On Habeas Corpus Reform, Atlanta, GA, August 31, 1989
LAW TEACHING EXPERIENCE
1999-Present Associate Dean For Academic Affairs and Associate Professor of Law, Thomas Jefferson School of Law B Antitrust, Civil Procedure, Criminal Law, Death Penalty Law, Health Care & Competition Law, Intellectual Property & Competition Law, Property, Telecommunications Law
1998 Adjunct Professor, Georgetown University Law School C
1995-97 Instructor, Legal Methods Program, Washington College of Law, American University, a full-term and graded first-year course, focusing on civil and criminal procedure, legal ethics, legal writing, and oral advocacy.
1990-93 Instructor, Introduction To Legal Reasoning, Washington, DC, summer program for students entering law school C taught classes on criminal law, torts, and property.
1990, 93 Instructor, District of Columbia Street Law Program, a program designed to teach basic legal principles and lawyering skills to high school students C taught classes on property, criminal law, and trial advocacy skills.
State: New York, Admitted January 1989; District of Columbia, Admitted August 31, 1989.
Federal: United States Court of Appeals For The Fifth Circuit, Admitted August 5, 1990; United States District Court For The District of Columbia, Admitted January 7, 1991.
LEGAL PRACTICE EXPERIENCE
1994-97 Trial Attorney, Civil Task Force, Antitrust Division,
United States Department of Justice. Lead attorney on major investigations of the credit card and compact disc technology industries. Investigating and prosecuting complex civil antitrust cases primarily in intellectual-property-related areas.
1995-96 Special Assistant United States Attorney, United States Attorney’s Office For the Eastern District of Virginia. Prosecuted federal criminal cases at the grand jury, trial and appellate levels.
1988-94 Associate, Covington & Burling, Washington, DC. Litigated in the state and federal courts, primarily at the appellate level, in the areas of antitrust, regulated industries, criminal (white collar, Criminal Justice Act, death penalty defense, and habeas corpus), insurance, and intellectual property. Advised clients primarily on antitrust issues.
1987-88 Judicial Clerk for The Honorable Stephanie K. Seymour,
United States Court of Appeals For the Tenth Circuit.