The Wisdom of the Middle Ages (Prometheus, 2016)
The Roman Search for Wisdom (Prometheus, 2014)
The Greek Search for Wisdom (Prometheus, 2012)
Three Questions We Never Stop Asking (Prometheus, 2010)
Federal Telecommunications Law, Second Edition (with P. Huber and J. Thorne) (Aspen, 1999)
Special Report: The Telecommunications Act of 1996 (with P. Huber and J. Thorne) (Little Brown, 1996)
Federal Broadband Law (with P. Huber and J. Thorne) (Little Brown, 1995)
Federal Telecommunications Law (with P. Huber and J. Thorne) (Little Brown, 1992)
The Geodesic Network II: 1993 Report on Competition in the Telephone Industry (with P. Huber and J. Thorne) (Geodesic Publishing Co., 1992)
Numerous articles have appeared in scholarly journals (The Harvard Law Review), magazines (The Hudson Review, Commonweal), and newspapers.
Law Clerk, Justice William H. Rehnquist, U.S. Supreme Court, 1983-1984
Law Clerk, Judge Malcolm Wilkey, U.S. Court of Appeals, District of Columbia Circuit, 1982-1983
American Express Co., et al. v. Italian Colors Restaurant, et al., No. 12-133 (U.S. S.Ct. 2013), argued successfully for the plaintiff that the Federal Arbitration Act does not permit courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. The Judgment: reversed, 5-3, in an opinion by Justice Scalia on June 20, 2013. Justice Kagan filed a dissenting opinion in which Justice Ginsburg and Justice Breyer joined. Justice Sotomayor took no part in the consideration or decision of this case.
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), argued successfully for the petitioners, establishing that parallel conduct, absent plausible evidence of agreement, is insufficient to state a claim under 1 of the Sherman Act.
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), argued successfully for the petitioner, Lexecon, establishing that federal district courts conducting “pretrial proceedings” for multi-district litigation under 28 U.S.C. 1407(a) must remand the case for trial.
Anderson News, L.L.C. v. American Media, Inc., 680 F.3d 162 (2nd Cir. 2012), argued successfully that the district court judgment granting defendants' motion to dismiss for failure to state a claim under 1 of the Sherman Act, 15 U.S.C. 1 be vacated and remanded.
In re National Security Agency Telecommunications Records Litigation, 671 F.3d 881 (9th Cir. 2011), argued successfully, representing AT&T and other telephone companies in conjunction with alleged assistance to NSA's alleged warrantless wiretapping scandal.
In re Terrorist Attacks on September 11, 2001, 538 F.3d 71 (2d Cir. 2008), argued successfully on appeal from orders entered in the district court for dismissing claims against the seven Saudi Arabian defendants-appellees for lack of subject matter jurisdiction and personal jurisdiction.
Assistant to the Solicitor General, U.S. Department of Justice, 1987-1989
Assistant U.S. Attorney, U.S. Department of Justice, Criminal Division, Southern District of New York, 1984-1986
Partner, Mayer, Brown & Platt, Washington, D.C., 1989-1993
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