An upcoming article co-authored by Bennett Capers, associate dean for research, was included in the “What We’re Reading This Week” round-up compiled by University of Pennsylvania School of Law’s The Regulatory Review. “Reconstruction and the Unfulfilled Promise of Antitrust” will be published in Minnesota Law Review, as a follow-up to Caper’s co-authored 2023 article, “Race-ing Antitrust.”
In a forthcoming article in the Minnesota Law Review, Bennett Capers, Associate Dean for Research and Stanley D. and Nikki Waxberg Professor of Law at Fordham Law School, and Gregory Day, associate professor at the University of Georgia, explored how state monopoly power perpetuates economic inequality, especially along racial lines. Capers and Day argued that states have long used monopoly power to benefit dominant groups at the expense of marginalized communities and have often escaped antitrust scrutiny. They contended that antitrust law, rooted in the Sherman Antitrust Act and influenced by Reconstruction principles of anti-state monopolism, should challenge discriminatory state monopolies, thus addressing lingering inequalities from the Reconstruction era.
