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Full-Text Articles in Law

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity ...


Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt Dec 2000

Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt

Boston College Law Review

This Note analyzes the nonlegislative rule exception to the rulemaking requirements of the administrative Procedure Act ("APA'). To lend greater accountability to federal agencies, the APA places an obligation on agencies to incorporate public input when creating new rules. Agencies, however; can avoid considering public commentary through a vague exception: section 553(b)(A) of the APA. After analyzing section 553(b)(A), this. Note evaluates how one agency, the Food and Drug Administration, has responded to the confusion surrounding the exception. Finally, this Note considers how the Senate has overlooked problems associated with section 553(b)(A) in the ...


Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd Sep 2000

Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd

Boston College Law Review

This Article focuses on the application of the state action antitrust inimunity doctrine of Parker v. Brown to the regulatory programs of state administrative agencies having statewide jurisdiction. It concludes that state agencies should be subject to significantly different requirements for antitrust immunity than are local governmental units. This Article also addresses unresolved issues that frequently recur in the context of state administrative action, such as the effect of retroactive intetpretations of state policy by a state agency, whether the clear articulation and active supervision requirements for antitrust immunity play any separate role in the context of administrative policy making ...


The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater Feb 2000

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Boston College Law School Lectures and Presentations

This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.


Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts, Patricia A. Mccoy Jan 2000

Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Boston College Law School Faculty Papers

From the introduction:

The past decade has been a tumultuous and energized period in the study of administrative law and regulatory regimes. Debate continues over both positive and normative theories of the administrative state, as well as over the appropriate directions of innovation and "reinvention. Among legislators and the public, the tax system and the Internal Revenue Service have been targets for criticism.

This paper outlines a receQt procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the ...


Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Boston College Law School Faculty Papers

The past decade has been a tumultuous and energized period in the study of administrative law and regulatory regimes. Debate continues over both positive and normative theories of the administrative state, as well as over the appropriate directions of innovation and reinvention. Among legislators and the public, the tax system and the IRS have been targets for criticism. This article outlines and evaluates a recent procedural innovation in the tax area, the Advance Pricing Agreement Program, linking procedural innovation to the broader issues of administrative law theory and regulatory reform. Ultimately, detailed understandings of innovations in administrative systems are essential ...