Tuesday, January 31, 2017

Judge Neil Gorsuch - antitrust professor

It is official, President Trump has nominated Neil Gorsuch to the Supreme Court.  He regularly teaches as antitrust law at the University of Colorado.  Perhaps of interest, in his 2013 class, the first day's assignment was from the Pitofsky casebook (which some remember as the Milton Handler casebook).  This is not the standard econ heavy antitrust casebook (indeed, the only major casebook without an econ PhD author) and is probably the most left leaning of all of the major casebooks in terms of sales (Gavil, Baker, Kovacic & Wright, Areeda, Kaplow & Edlin; and Sullivan, Hovenkamp, Shelasnki & Leslie).

Updated: Correction - Gorsuch wrote Novell, Inc. v. Microsoft Corp., 731 F.3d 1064 (10th Circuit  2013) and Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango, 582 F.3d 1216 (10th Circuit 2009). As a lawyer in private practice, he was involved in the famous Conwood case. Ben Klein and Josh Wright have a discussion of that case in an article here.

Further update: See also his opinion in KAY ELEC. CO-OP. v. CITY OF NEWKIRK, OKLA., 647 F.3d 1039 (10th Cir. 2011).







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