Thursday, January 24, 2013

Pasquale and Vaidhyanathan, "Borking Antitrust"

One of our most popular recent posts was guest blogger Chris Schmidt's commentary (here) on the legacy of Robert Bork -- in particular, Bork's theorization of the so-called "right to discriminate." In the latest issue of Dissent, Siva Vaidhyanathan (University of Virginia, Media Studies) and Frank Pasquale (Seton Hall School of Law) take on another piece of Bork's legacy. Here is the first paragraph of "Borking Antitrust: Google Secures Its Monopoly":
When Robert Bork passed away last month his obituaries focused on his contentious Supreme Court nomination and his role in protecting President Nixon during the “midnight massacre” of the Justice Department‘s investigation of Watergate crimes. But they ignored Bork’s most lasting legacy: he set the intellectual foundation for the dangerous weakening of American antitrust laws over the past thirty years.
Read on here.