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Can Computational Antitrust Succeed?, 1 Stan. Computational Antitrust 38 (2021)
Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way that Amazon disrupted e-commerce through its inventory and sales algorithms and TikTok’s progressive recommendation system keeps users hooked, computational antitrust holds the promise to revolutionize antitrust law. Implemented well, computational antitrust can help courts curate and refine precedential antitrust cases, identify anticompetitive effects, and model innovation effects and counterfactuals in killer acquisition cases. The beauty of AI is that it can reach outcomes humans alone cannot define as “good” or “better” as the untrained neural network interrogates itself via the process of trial and error. The maximization process is dynamic, with the AI being capable of scouring options to optimize the best rewards under the given circumstances, 1 mirroring how courts operationalize antitrust policy–computing the expected reward from executing a policy in a given environment. At the same time, any system is only as good as its weakest link, and computational antitrust is no exception. The synergistic possibilities that humans and algorithms offer depend on their interplay. Humans may lean on ideology as a heuristic when they must interpret the rule of reason according to economic theory and evidence. For this reason, it becomes imperative to understand, mitigate, and, where appropriate, harness those biases
Federal Circuit’s Unconventionality Approach to Patent-Ineligibility Challenges in a Motion to Dismiss, 20 UIC Rev. Intell. Prop. L. 331 (2021)
Immunex v. Sandoz: Drafting Assignments as Licenses to Avoid Obviousness-Type Double Patenting, 20 UIC Rev. Intell. Prop. L. 412 (2021)
The Reliability of Statements Made for Medical Diagnosis or Treatment: A Medical – Legal Analysis of a Hearsay Exception, 54 UIC L. Rev. 679 (2021)
A story is the truth well told: integrating narrative thinking skills into the first-year curriculum using live client cases
Did the Department of Health and Human Services Exceed Its Statutory Authority When It Reduced the Reimbursement Rate for Medicare Part B Prescription Drugs for Hospitals That, by Statute, Pay a Deeply Discounted Price for Those Drugs? Does the Medicare Statute Allow Judicial Review of This Question? (20-1114)
Antitrust Law: Section 1 of the Sherman Act
This monograph serves as an introduction for federal judges to Section 1 of the Sherman Act, which is a key component of antitrust law. It outlines the statutory framework of Section 1 and analyzes case law from various circuits. Additionally, it explains the complex issues and procedural matters that often arise in federal litigation.https://repository.law.uic.edu/facbooks/1038/thumbnail.jp