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The Antitrust Jurisprudence of Neil Gorsuch
Full text linkIn 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.
His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. This Essay provides the first in-depth descriptive and prescriptive analysis of Gorsuch’s antitrust jurisprudence. While it reveals (perhaps unsurprisingly) a great deal of sophistication vis-à-vis antitrust doctrine, it also identifies several areas for improvement.
While serving on the Tenth Circuit, Gorsuch effectively expanded upon—even rewrote—existing precedent, including Justice Scalia’s notable opinion for the majority in Trinko. For normative force, Gorsuch’s jurisprudence at times rested upon logical fallacies and an unduly one-sided error-cost framework. This Essay offers prescriptive suggestions for Gorsuch and other jurists to follow in future cases, with an eye toward producing a more transparent, coherent, and welfare-maximizing body of antitrust law
FSU Law Focus - 02/14/2025
Full text linkFrom the Dean: Election Law Conference, Bush v.Gore 25th Anniversary; Florida Speaker of the House Visits FSU Law Class; Former Ireland President Mary Robinson Delivers Powerful Lecture; FSU Law Hosts Regional National Trial Competition; 2025 Business Law Review Symposium Rescheduled; Faculty News: Darby Kerrigan Scott Announced as Co-Director of PILC; Student Profile: 3L Daniela Mulero Moraleshttps://ir.law.fsu.edu/fsu-law-focus/1359/thumbnail.jp
FSU Law Focus - 01/17/2025
Full text linkFrom the Dean: 3rd Annual BusinessLaw Review Symposium (Encapsulating Product Packaging Trade Dress); January is National Mentoring Month; Alumni News: Rosalyn \u27Sia\u27 Baker-Barnes (\u2700); Alumni News: Jami Coleman (\u2708); Student Feature: 3L James Kinghttps://ir.law.fsu.edu/fsu-law-focus/1362/thumbnail.jp
FSU Law Focus - 03/28/2025
Full text linkFrom the Dean: Business Law Review Symposium ( Encapsulating Product Packaging Trade Dress ); In Memoriam: Michael Halpern (\u2776); Faculty in the News: Michael Morley; Faculty in the News: Jacob Eisler; FSU Law in the News: Alternative Spring Break; Book Talk: Daniel Solove, On Privacy and Technology”; Alumni News: Alexcia Cox (\u2705); Alumni News: Laverne Lewis Gaskins (\u2793); Alumni News: Kat Klepfer (\u2714)https://ir.law.fsu.edu/fsu-law-focus/1370/thumbnail.jp
FSU Law Focus - 06/27/2025
Full text linkFrom the Dean: Annual Fund Campaign 2024-25; FSU Law News (Summer for Undergraduates); FSU Law in the News (Juvenile SolitaryConfinement Project); FSU Law Alumni News (Katie Maniglia); Graduate Profile: Morgan Glinerhttps://ir.law.fsu.edu/fsu-law-focus/1405/thumbnail.jp
FSU Law Focus - 05/09/2025
Full text linkFrom the Dean: Class of 2025 Spring Commencement Ceremony; Frontiers in Law and Technology; FSU Law Student News (2024-25 Legislative Fellows)https://ir.law.fsu.edu/fsu-law-focus/1347/thumbnail.jp
FSU Law Focus - 05/16/2025
Full text linkFrom the Dean: Save the Date for Homecoming; FSU Law Alumni News (Alumni recognized by VHFCNBA); FSU Law Student News (William Blake)https://ir.law.fsu.edu/fsu-law-focus/1406/thumbnail.jp
FSU Law Focus - 05/30/2025
Full text linkFrom the Dean: Summer for Undergraduates 2025; FSU Law Faculty News (Henry Zhuhao Wang); FSU Alumni News (Sean Donahue); FSU Alumni News (Florida Bar 50-Year Member andSenior Counselor Recognition honorees)https://ir.law.fsu.edu/fsu-law-focus/1348/thumbnail.jp
FSU Law Focus - 08/01/2025
Full text linkFrom the Dean: The Princeton Review\u27s 2025 rankings (#4 law school for best quality of life, #6 for best professors, and #3 for resources for women); FSU Law News; FSU Faculty Spotlight: Nadia Banteka; FSU Law Alumni News (Judge Thomas Palermo (\u2701), 2025 Jurist of the Year Award FLABOTA); FSU Law Student News (gubernatorial fellows)https://ir.law.fsu.edu/fsu-law-focus/1351/thumbnail.jp
FSU Law Focus - 03/07/2025
Full text linkFrom the Dean: FSU Election Law Center\u27s annualElection Law Conference; Justice Sonia Sotomayor Joins HLSA Students for Empowering Q&A; Faculty In The News: Jay Kesten; Student News: Ellis Medal Winner; Student Profile: 3L Bailey Orrhttps://ir.law.fsu.edu/fsu-law-focus/1368/thumbnail.jp