Ball Professor of Law
Office phone: (757) 221-1609
Office location: Room 254G
Personal blog: here
Areas of Specialization
Antitrust Law; Corporations; Political Economy
Teaching in Academic Year 2013-2014
Representative Professional Activities and Achievements
Professor Meese graduated first in his class with high honors in Ancient Greek from the College of William and Mary, where he also earned a secondary concentration in Economics. He then attended the University of Chicago Law School from which he graduated with honors, served as a Comment Editor on the Law Review and was elected to Order of the Coif. After law school he clerked for Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and Justice Antonin Scalia of the U.S. Supreme Court. He was admitted to the Virginia Bar and practiced law at Skadden, Arps, Slate, Meagher and Flom in Washington, D.C.
Professor Meese joined the William and Mary faculty in 1995 and was a Visiting Professor of Law at the University of Virginia in the 2001-2002 academic year. He was the Cabell Research Professor of Law in 2001-2002.
Meese is the author or co-author of more than thirty five scholarly articles and essays appearing in The Green Bag, Antitrust Bulletin, Antitrust Law Journal, Harvard Journal of Law and Public Policy, Law and Contemporary Problems, the William and Mary Bill of Rights Journal, and the University of Pennsylvania, Creighton, Fordham, Michigan, George Mason, Illinois, Boston University, Cornell, Southern California, UCLA, North Carolina, Minnesota, NYU, Chicago, and William and Mary law reviews. He is a frequent lecturer on antitrust issues and has served as a referee for the Journal of Legal Studies.
Professor Meese served as President of the William and Mary Faculty Assembly during the 2007-2008 academic year. He recently served for two years as the Faculty representative on the College's Board of Visitors. Professor Meese served as a Senior Advisor to the Antitrust Modernization Commission from 2004-2007.
Professor Meese received the Walter L. Williams Jr. Teaching Award in 2000 and received a Plumeri Fellowship for Faculty Excellence in 2010.
- Assorted Anti-Leegin Canards: Why Resistance is Misguided and Futile, 40 Fla. St. L. Rev. ___ (forthcoming 2013).
- Competition Policy and the Great Depression: Lessons Learned and a New Way Forward, 23 Cornell J.L. & Pub. Pol'y ___ (forthcoming 2013).
- Market Power and Contract Formation: How Outmoded Economic Theory Still Distorts Antitrust Doctrine, 88 Notre Dame L. Rev. ___ (forthcoming 2013).
- Reframing the (False?) Choice Between Purchaser Welfare and Total Welfare: How the Partial Equilibrium Trade-off Model Distorts Normative Antitrust Debate, 81 Fordham L. Rev. 2197 (2013) (invited submission). SSRN.
- Section 2 and the Great Recession: Why Less (Enforcement) Might Mean More (GDP), 80 Fordham L. Rev. 1633 (2012). SSRN.
- Standard Oil as Lochner's Trojan Horse, 85 S. Cal. L. Rev. 783 (2012) (invited submission). SSRN.
- Reframing Antitrust in Light of Scientific Revolution: Accounting for Transaction Costs in Rule of Reason Analysis, 62 Hastings L. J. 457 (2010). SSRN.
- Debunking the Purchaser Welfare Account of Section 2 of the Sherman Act: How Harvard Brought Us a Total Welfare Standard and Why We Should Keep It, 85 N.Y.U. L. Rev. 659 (2010). SSRN.
- Co-author, A Careful Examination of the Live Nation-Ticketmaster Merger (2009) (with Barak Richman) SSRN.
- Competition and Market Failure in the Antitrust Jurisprudence of Justice Stevens, 74 Fordham L. Rev. 1775 (2006) (invited submission). SSRN.
- Monopolization, Exclusion, and the Theory of the Firm, 89 Minn. L. Rev. 743 (2005). SSRN.
- Market Failure and Non-Standard Contracting: How the Ghost of Perfect Competition Still Haunts Antitrust, 1 J. Competition L. & Econ. 21 (2005). SSRN.
- Exclusive Dealing and the Theory of the Firm, 50 Antitrust Bull. 371 (2005) (invited submission). SSRN.
- Co-author, Symposium Issue, Judicial Review and Non-generalizable Cases, 32 Fla. St. U. L. Rev. 323 (2005) (with Neal Devins) (invited submission).
- Property Rights and Refusals to Deal: The Real Story of Aspen Skiing Corp., 73 Antitrust L.J. 81 (2005). SSRN.
- Property Rights and Intrabrand Restraints, 89 Cornell L. Rev. 553 (2004). SSRN.
- Intrabrand Restraints and the Theory of the Firm, 83 N.C. L. Rev. 5 (2004). SSRN.
- Raising Rivals' Costs: Can the Agencies Do More Good Than Harm?, 12 Geo. Mason L. Rev. 241 (2003) (invited submission).
- Price Theory, Competition, and the Rule of Reason, 2003 U. Ill. L. Rev. 77. SSRN.
- The Team Production Theory of Corporate Law: A Critical Assessment, 43 Wm. & Mary L. Rev. 1629 (2002). SSRN.
- The Externality of Victim Care, 68 U. Chi. L. Rev. 1201 (2001). SSRN.
- Don't Disintegrate Microsoft (Yet), 9 Geo. Mason L. Rev. 761 (2001). SSRN.
- Bakke Betrayed, 63 Law & Contemp. Probs. 479 (2000).
- Farewell to the Quick Look: Redefining the Scope and Content of the Rule of Reason, 68 Antitrust L.J. 461 (2000). SSRN.
- Economic Theory, Trader Freedom and Consumer Welfare: State Oil v. Khan and the Continuing Incoherence of Antitrust Doctrine, 84 Cornell L. Rev. 763 (1999).
- Regulation of Franchisor Opportunism and Production of the Institutional Framework: Federal Monopoly or Competition Among the States?, 23 Harv. J.L. & Pub. Pol'y 61 (1999).
- Will, Judgment, and Economic Liberty: Mr. Justice Souter and the Mistranslation of the Due Process Clause, 41 Wm. & Mary L. Rev. 3 (1999). SSRN.
- Liberty and Antitrust in the Formative Era, 79 B.U. L. Rev. 1 (1999).
- Monopoly Bundling in Cyberspace: How Many Products Does Microsoft Sell?, 44 Antitrust Bull. 65 (1999). SSRN.
- Reinventing Bakke, 1 Green Bag 2d 381 (1998).
- Tying Meets the New Institutional Economics: Farewell to the Chimera of Forcing, 146 U. Pa. L. Rev. 1 (1997). SSRN.
- Price Theory and Vertical Restraints: A Misunderstood Relation, 45 UCLA L. Rev. 143 (1997). SSRN.
- Antitrust Balancing in a (Near) Coasean World: The Case of Franchise Tying Contracts, 95 Mich. L. Rev. 111 (1996).
- Limitations on Corporate Speech: Protection for Shareholders or Abridgement of Expression?, 2 Wm. & Mary Bill Rts. J. 305 (1993). SSRN.
- Inadvertent Waiver of the Attorney-Client Privilege by Disclosure of Documents: An Economic Analysis, 23 Creighton L. Rev. 513 (1990). SSRN.
- Co-author, The End of an Idea: Progressive Constitutionalism is a Dead End, National Review Online (July 5, 2010) (with Nate Oman).
- Co-author, Premerger Review and Bankruptcy: The Meaning of Section 363(B)(2), Antitrust Mag., Fall 1993, at 35 (with Robert B. Greenbaum).