Rebecca Haw Allensworth

Associate Professor of Law

Rebecca Haw Allensworth studies the antitrust implications of occupational licensing. Her work explores the theoretical basis of the rule of reason and its application to self-regulation, from appeal to expertise to arguments about market failure. She argues that courts can and should balance these justifications against the anticompetitive potential that inheres whenever competitors set their own rules of play. Her article, “Cartels by Another Name: Should Occupational Licensing Face Antitrust Scrutiny?”, coauthored by UC Berkeley Professor Aaron Edlin, was cited by the U.S. Supreme Court in North Carolina State Board of Dental Examiners v. FTC, 135 S.Ct. 1101 (2015). The article was also recognized with the 13th annual Jerry S. Cohen Memorial Fund Writing Award for groundbreaking antitrust scholarship. Professor Allensworth earned her undergraduate degree from Yale and an M.Phil. from Cambridge University before earning her J.D. at Harvard Law School, where she served as articles editor of the Harvard Law Review. Professor Allensworth served as law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and then as a Climenko Fellow at Harvard Law School before coming to Vanderbilt. Professor Allensworth teaches Contracts, Antitrust Law and a seminar on the jurisprudence and scholarship of Richard Posner.

Research Interests

Antitrust law, federalism, and law and economics


Representative Publications

  • "The New Antitrust Federalism," Virginia Law Review (forthcoming 2016)
  • "The Commensurability Myth in Antitrust," 69 Vanderbilt Law Review 1 (2016)
    Full Text | PDF
  • "The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What it Means for Institutional Reform in Antitrust," 100 Iowa Law Review (forthcoming 2015)
  • "Law & The Art of Modeling: Are Models Facts?" 103 Georgetown Law Journal 825 (2015)
    Full Text | PDF
  • "Delay and Its Benefits for Judicial Rulemaking under Scientific Uncertainty," 162 Boston College Law Review 331 (2014)
    Full Text | SSRN
  • "Casting a FRAND Shadow: The Importance of Legally Defining 'Fair and Reasonable' and How Microsoft v. Motorola Missed the Mark," 22 Texas Intellectual Property Law Journal (forthcoming 2014) 
  • "Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?" 162 University of Pennsylvania Law Review 1093 (2014) (with Aaron Edlin) (was cited by the U.S. Supreme Court in North Carolina State Board of Dental Examiners v. FTC 574 U.S. ___ (2015))
    Full Text | SSRN
  • "Adversarial Economics in Antitrust Litigation: Losing Academic Consensus in the Battle of the Experts," 106 Northwestern University Law Review 1261 (2012)
    Full Text | SSRN | HEIN
  • "Amicus Briefs and the Sherman Act: Why Antitrust Needs a New Deal," 89 Texas Law Review 1247 (2011)
    Full Text | SSRN | HEIN


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Contact Information

(615) 322-2615 (voice)
(615) 322-6631 (fax)
Email

Curriculum Vitae


SSRN

Education

J.D. Harvard Law School
M.Phil. Cambridge University
B.A. Yale University

Programs