Antitrust Formalism Is Dead

Author : Ilya Shapiro
Publisher : Cato Institute
Page : 465 pages
File Size : 54,7 Mb
Release : 2010-10
Category : Law
ISBN : 9781935308362

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Cato Supreme Court Review, 2009-2010 by Ilya Shapiro Pdf

Intro -- Contents -- Foreword -- Introduction -- The Ninth Amendment in Light of Text and History -- Citizens United v. Federal Election Commission: "Precisely What WRTL Sought to Avoid -- United States v. Stevens: Restricting Two Major Rationales for Content-Based Speech Restrictions -- Church and State at the Crossroads: Christian Legal Society v. Martinez -- Doe v. Reed and the Future of Disclosure Requirements -- The Tell-Tale Privileges or Immunities Clause -- The Degradation of the "Void for Vagueness" Doctrine: Reversing Convictions While Saving the Unfathomable "Honest Services Fraud" Statute -- Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power -- Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not "Pro-Business"--Federal Misgovernance of Mutual Funds -- Forward to the Past -- Antitrust Formalism Is Dead! Long Live Antitrust Formalism! Some Implications of American Needle v. NFL -- Looking Ahead: October Term 2010 -- Contributors -- About Cato

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet
Publisher : Unknown
Page : 330 pages
File Size : 43,9 Mb
Release : 2011
Category : Business & Economics
ISBN : MINN:31951D03405009W

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How Will the Proposed Merger Between AT & T and T-Mobile Affect Wireless Telecommunications Competition? by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet Pdf

Author : Jonathan H. Adler
Publisher : Oxford University Press
Page : 353 pages
File Size : 50,5 Mb
Release : 2016
Category : Law
ISBN : 9780199859344

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Business and the Roberts Court by Jonathan H. Adler Pdf

Is the Roberts Court 'pro-business'? If so, what does this mean for the law and the American people? 'Business and the Roberts Court' provides a critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.

Author : John Duns,Arlen Duke,Brendan Sweeney
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 48,9 Mb
Release : 2015-11-27
Category : Law
ISBN : 9781785362576

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Comparative Competition Law by John Duns,Arlen Duke,Brendan Sweeney Pdf

Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly
Publisher : Unknown
Page : 340 pages
File Size : 50,9 Mb
Release : 1964
Category : Antitrust law
ISBN : IND:30000090661145

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Antitrust Aspects of the Funeral Industry by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly Pdf

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 344 pages
File Size : 40,9 Mb
Release : 1964
Category : Electronic
ISBN : STANFORD:36105045467110

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Antitrust Aspects of the Funeral Industry by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : Kenneth Lipartito,David B. Sicilia
Publisher : Oxford University Press, USA
Page : 396 pages
File Size : 55,8 Mb
Release : 2004
Category : Business & Economics
ISBN : 0199251894

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Constructing Corporate America by Kenneth Lipartito,David B. Sicilia Pdf

This collection of cutting-edge research reviews the evolution of the American corporation, the dominant trends in the way it has been studied, and at the same time introduces some new perspectives on the historical trajectory of the business organization as a social institution. The authors draw on cultural theory, anthropology, political theory and legal history to consider the place of the firm in nineteenth and twentieth-century American Society.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 340 pages
File Size : 40,5 Mb
Release : 1964
Category : Antitrust law
ISBN : UCAL:$B643322

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Funeral directors. July 7-9, 1964 by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 1606 pages
File Size : 41,7 Mb
Release : 1964
Category : Administrative procedure
ISBN : UCAL:B3603089

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Hearings, Reports and Prints of the Senate Committee on the Judiciary by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : Neil Netanel
Publisher : Oxford University Press
Page : 549 pages
File Size : 50,9 Mb
Release : 2009
Category : Law
ISBN : 9780195342109

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The Development Agenda by Neil Netanel Pdf

Neil Netanel has edited this compilation of articles in order to examine the development agenda and the broader issues it touches upon. The contributors include leading scholars from various disciplines, including economics, political science, and law.

Author : Duncan Kennedy
Publisher : Beard Books
Page : 324 pages
File Size : 40,9 Mb
Release : 2006
Category : Law
ISBN : 9781587982781

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The Rise & Fall of Classical Legal Thought by Duncan Kennedy Pdf

Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --

Author : Scott Brewer
Publisher : Taylor & Francis
Page : 400 pages
File Size : 44,9 Mb
Release : 1998
Category : Law
ISBN : 0815326580

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Evolution and Revolution in Theories of Legal Reasoning by Scott Brewer Pdf

Author : F. H. Buckley
Publisher : Duke University Press
Page : 479 pages
File Size : 42,7 Mb
Release : 1999-08-27
Category : Law
ISBN : 9780822380122

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The Fall and Rise of Freedom of Contract by F. H. Buckley Pdf

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Author : Richard A. Posner
Publisher : Unknown
Page : 390 pages
File Size : 53,9 Mb
Release : 1985
Category : Law
ISBN : UOM:39015009010078

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The Federal Courts by Richard A. Posner Pdf

Author : Ian Eagles,Louise Longdin
Publisher : Bloomsbury Publishing
Page : 210 pages
File Size : 43,9 Mb
Release : 2011-12-15
Category : Law
ISBN : 9781847318213

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Refusals to License Intellectual Property by Ian Eagles,Louise Longdin Pdf

Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.