Richard Brunell (Boston College – Law School) has posted Overruling Dr. Miles: The Supreme Trade Commission in Action (Antitrust Bulliten, Vol. 52, No. 3-4, 2007) on SSRN. Here is the abstract:
This article sharply criticizes the Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. on jurisprudential and policy grounds. Placing Leegin in historical context, the article explores the role of the Supreme Court in making antitrust policy and considers the per se rule against resale price maintenance under a decision-theoretic framework.