Ball Professor of Law and Director, Center for the Study of Law & Markets
Areas of Specialization
Antitrust Law; Constitutional Law; Business Associations; Economic Analysis of Law; and Political Economy
Representative Professional Activities and Achievements
Professor Meese graduated first in his class with high honors in Ancient Greek from the College of William & 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, earned a John M. Olin Fellowship in Law & Economics, 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 and District of Columbia Bars and practiced law at Skadden, Arps, Slate, Meagher and Flom in Washington, D.C.
Professor Meese joined the William & 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, 2011-2012, 2013-2014, 2014-15, and 2018-19, and was the Tazewell Taylor Research Professor in 2016-17. He is a 2022-2023 Dean's Faculty Fellow.
Meese is the author or co-author of over 50 scholarly articles and essays appearing one or more times in The Green Bag, Antitrust Bulletin, Virginia Law & Business Review, Harvard Law Review Forum, Cornell Journal of Law and Public Policy, Hastings Law Journal, Antitrust Law Journal, Harvard Journal of Law and Public Policy, the Georgetown Law Journal, Law and Contemporary Problems, the William & Mary Bill of Rights Journal, and the University of Pennsylvania, Creighton, Fordham, Michigan, George Mason, Illinois, Boston University, Cornell, Southern California, Iowa, UCLA, North Carolina, Minnesota, Florida State, NYU, Wake Forest, University of Chicago, and William & Mary law reviews. He is a frequent lecturer on antitrust issues and has served as a referee for the Journal of Legal Studies, Journal of the History of Economic Thought, Journal of Competition Law and Economics, History of Political Economy Harvard Law Review, Stanford Law Review, University of Chicago Law Review, Yale Law Journal, and William & Mary Policy Review.
Professor Meese has been an active participant in Faculty Governance and Leadership at the University Level. Most recently, he served for two years as the Faculty representative on the College's Board of Visitors. He previously served as Vice President and then President of the Faculty Assembly, and he co-chaired the Committee on Religion in a Public University. He has twice chaired the College's Procedural Review Committee, co-chaired the Faculty and University Priorities Committee and served for three years on the University Planning Steering Committee.
Professor Meese received the Walter L. Williams Jr. Teaching Award in 2000 and received a Plumeri Fellowship for Faculty Excellence in 2010 and 2013.
Meese serves on the Boards of the Bork Foundation and the Antitrust Education Project. He is an Academic Affiliate of the International Center for Law & Economics and recently chaired the Executive Committee of the AALS Section on Antitrust and Economic Regulation. In the summer of 2013, Professor Meese participated in a National Endowment for the Humanities Summer Institute on the History of Political Economy at Duke University. He also served as a Senior Advisor to the Antitrust Modernization Commission from 2004-2007. In April, 2007, the Virginia Bar Association included Meese on a list of 11 candidates it recommended for nomination to the United States Court of Appeals for the Fourth Circuit. In 2017, Professor Meese received the William Small Award, conferred by the Society for the College, in recognition of his "professional commitment to the academic excellence of the College of William & Mary and to the furtherance of the education of his students."
Articles
Against the Sliding Scale, Alan J. Meese
(173 University of Pennsylvania Law Review Online 1-32 (2025))Are Employee Noncompete Agreements Coercive? Why the FTC's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese
(18 Virginia Law & Business Review 245-326 (2024))New Vision, Old Model: How the FTC Exaggerated Harms When Rejecting Business Justifications for Noncompetes, Alan J. Meese
(109 Cornell Law Review Online 13-45 (2024)) (100 Indiana Law Journal Supplement 39-63 (2024))Don't Abolish Employee Noncompete Agreements, Alan J. Meese
(57 Wake Forest Law Review 631-709 (2022))Federalism, Free Competition, and Sherman Act Preemption of State Restraints, Alan J. Meese
(16 Virginia Law & Business Review 115-182 (2021))Requiem for a Lightweight: How NCAA Continues to Distort Antitrust Doctrine, Alan J. Meese
(56 Wake Forest Law Review 1103-1166 (2021))Will the Supreme Court Recover Its Own Fumble? How Alston Can Repair the Damage Resulting from NCAA's Sports League Exemption, Alan J. Meese
(11 Wake Forest Law Review Online 70-91 (2021))Antitrust Regulation and the Federal-State Balance: Restoring the Original Design, Alan J. Meese
(70 American University Law Review 75-166 (2020))Justice Scalia and Sherman Act Textualism, Alan J. Meese
(92 Notre Dame Law Review 2013-2052 (2017))Were the 1982 Merger Guidelines Old News?, Alan J. Meese and Sarah L. Stafford
(13 Journal of Competition Law & Economics 577-608 (2017))In Praise of All or Nothing Dichotomous Categories: Why Antitrust Law Should Reject the Quick Look, Alan J. Meese
(104 Georgetown Law Journal 835-882 (2016))Antitrust Federalism and State Restraints of Interstate Commerce: An Essay for Herbert Hovenkamp, Alan J. Meese
(100 Iowa Law Review 2161-2195 (2015))Antitrust, Regulatory Harm, and Economic Liberty, Alan J. Meese
(99 Iowa Law Review Bulletin 115-135 (2014))Hobby Lobby, Corporate Law, and the Theory of the Firm: Why For-Profit Corporations are RFRA Persons, Alan J. Meese and Nathan B. Oman
(127 Harvard Law Review Forum 273-301 (2014))Robert Bork's Forgotten Role in the Transaction Cost Revolution, Alan J. Meese
(79 Antitrust Law Journal 953-982 (2014))Assorted Anti-Leegin Canards: Why Resistance is Misguided and Futile, Alan J. Meese
(40 Florida State University Law Review 908-970 (2013))Competition Policy and the Great Depression: Lessons Learned and a New Way Forward, Alan J. Meese
(23 Cornell Journal of Law and Public Policy 255-336 (2013))Reframing the (False?) Choice Between Purchaser Welfare and Total Welfare, Alan J. Meese
(81 Fordham Law Review 2197-2251 (2013))The Market Power Model of Contract Formation: How Outmoded Economic Theory Still Distorts Antitrust Doctrine, Alan J. Meese
(88 Notre Dame Law Review 1291-1370 (2013))Section 2 Enforcement and the Great Recession: Why Less (Enforcement) Might Mean More (GDP), Alan J. Meese
(80 Fordham Law Review 1633-1678 (2012))Standard Oil as Lochner's Trojan Horse, Alan J. Meese
(85 Southern California Law Review 783-813 (2012)) (85 New York University Law Review 659-737 (2010))Reframing Antitrust in Light of Scientific Revolution: Accounting for Transaction Costs in Rule of Reason Analysis, Alan J. Meese
(62 Hastings Law Journal 457-529 (2010))Competition and Market Failure in the Antitrust Jurisprudence of Justice Stevens, Alan J. Meese
(74 Fordham Law Review 1775-1807 (2006))Exclusive Dealing, the Theory of the Firm, and Raising Rivals' Costs: Toward a New Synthesis, Alan J. Meese
(50 Antitrust Bulletin 371-439 (2005))Judicial Review and Nongeneralizable Cases, Neal Devins and Alan J. Meese
(32 Florida State University Law Review 323-355 (2005))Market Failure and Non-Standard Contracting: How the Ghost of Perfect Competition Still Haunts Antitrust, Alan J. Meese
(1 Journal of Competition Law & Economics 21-95 (2005))Monopolization, Exclusion, and the Theory of the Firm, Alan J. Meese
(89 Minnesota Law Review 743-847 (2005))Property, Aspen, and Refusals to Deal, Alan J. Meese
(73 Antitrust Law Journal 81-114 (2005))Intrabrand Restraints and the Theory of the Firm, Alan J. Meese
(83 North Carolina Law Review 5-86 (2004))Property Rights and Intrabrand Restraints, Alan J. Meese
(89 Cornell Law Review 553-620 (2004))Price Theory, Competition, and the Rule of Reason, Alan J. Meese
(2003 University of Illinois Law Review 77-170)Raising Rivals' Costs: Can the Agencies Do More Good Than Harm?, Alan J. Meese
(12 George Mason Law Review 241-288 (2003))Don't Disintegrate Microsoft (Yet), Alan J. Meese
(9 George Mason Law Review 761-801 (2001))The Externality of Victim Care, Alan J. Meese
(68 University of Chicago Law Review 1201-1234 (2001))Bakke Betrayed, Alan J. Meese
(63 Law and Contemporary Problems 479-506 (2000))Farewell to the Quick Look: Redefining the Scope and Content of the Rule of Reason, Alan J. Meese
(68 Antitrust Law Journal 461-498 (2000))Economic Theory, Trader Freedom and Consumer Welfare: State Oil Co. v. Khan and the Continuing Incoherence of Antitrust Doctrine, Alan J. Meese
(84 Cornell Law Review 763-797 (1999))Liberty and Antitrust in the Formative Era, Alan J. Meese
(79 Boston University Law Review 1-92 (1999))Monopoly Bundling in Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese
(44 Antitrust Bulletin 65-116 (1999))Regulation of Franchisor Opportunism and Production of the Institutional Framework: Federal Monopoly or Competition Between the States?, Alan J. Meese
(23 Harvard Journal of Law and Public Policy 61-87 (1999))Reinventing Bakke, Alan J. Meese
(1 Green Bag 2d 381-390 (1998))Price Theory and Vertical Restraints: A Misunderstood Relation, Alan J. Meese
(45 UCLA Law Review 143-204 (1997))Tying Meets the New Institutional Economics: Farewell to the Chimera of Forcing, Alan J. Meese
(146 University of Pennsylvania Law Review 1-99 (1997))Antitrust Balancing in a (Near) Coasean World: The Case of Franchise Tying Contracts, Alan J. Meese
(95 Michigan Law Review 111-165 (1996))Inadvertent Waiver of the Attorney-Client Privilege by Disclosure of Documents: An Economic Analysis, Alan J. Meese
(23 Creighton Law Review 513-543 (1990))Blogs
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
(The Conglomerate (July 16, 2014))Hobby Lobby, Corporate Law, and RFRA, Alan J. Meese
(The Conglomerate (May 23, 2014))ScamLaw and the Macroeconomy, Alan J. Meese
(The Conglomerate (September 9, 2011))Bishop Madison, Alan J. Meese
Editorials
The End of an Idea, Alan J. Meese and Nathan B. Oman
(National Review Online, July 5, 2010)The New DOJ: Lessons Learned from the Ticketmaster Live Nation Decision (updated), Alan J. Meese and Barak Richman
(Huffington Post (updated May 25, 2011))What the "Rule of Law" Requires, Alan J. Meese
(Daily Press (February 4, 2006) at A13)Global Test Threatens Security, Alan J. Meese
(Virginia Gazette (October 13, 2004) at 18A)Honorable Service, Alan J. Meese
(New York Post (February 23, 2004) at 28)Annan Leaves Door Open for U.S. Action, Alan J. Meese
(Daily Press (February 17, 2003) at A13)Q: Will the Supreme Court Intervention in Florida Fail the Test of Time?, Ira Glasser and Alan J. Meese
(Insight in the News, Jan. 15, 2001, at 40)Magazine Articles
Premerger Review and Bankruptcy: The Meaning of Section 363(B)(2), Robert B. Greenbaum and Alan J. Meese
(8 Antitrust Magazine 35-37 (Fall 1991))News
The New DOJ: Lessons Learned from the Ticketmaster Live Nation Decision, Alan J. Meese
(Huffington Post (March 31, 2004))Other
The Constitutional Moment That Wasn't: 1912-1914 and the Meaning of the Sherman Act, Alan J. Meese
(Network Law Review (December 15, 2022))Videos
Professors Alan J. Meese and Nathan B. Oman on Why Hobby Lobby and For-Profit Corporations are RFRA Persons, Alan J. Meese and Nathan B. Oman
Team Teaching, Sarah L. Stafford and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 1), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 2), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 3), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 4), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 5), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 6), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 7), Michael Klarman and Alan J. Meese
Debate on Originalism: Should the Constitution be Interpreted with the Original Understanding of the Framers? (Part 8), Michael Klarman and Alan J. Meese