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Articles 1 - 30 of 34
Full-Text Articles in Law
“Sacrifice And Recoupment” In The Antitrust Analysis Of Patent Settlements: Actavis Through The Lens Of Brooke Group, Aspen Skiing, And Trinko, Bryan Gant
American University Business Law Review
Patent settlements are typically procompetitive, benefiting not only the settling parties but also the courts and the general public. But in rare cases patent settlements might instead harm competition, and thus raise antitrust concerns. How are courts to determine when antitrust scrutiny should — and, more importantly, should not — be applied to patent settlements? The answer ostensibly came in the Supreme Court’s 2013 decision in FTC v. Actavis, Inc. Under Actavis, antitrust scrutiny of patent settlements may “sometimes” be appropriate where there is a “large,” “unexplained” “reverse payment” from the patentee to the patent challenger. Unless, that is, the …
The Not-So-Free Spirit Of Coachella: Coachella's Overbearing Radius Clause And The Sherman Antitrust Act, Holly Santapaga
The Not-So-Free Spirit Of Coachella: Coachella's Overbearing Radius Clause And The Sherman Antitrust Act, Holly Santapaga
American University Business Law Review
No abstract provided.
Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan
Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan
American University Law Review
Populists are trying to take down the global economic order and its institutions. While some of those forces might be fueled by racism, they also play to legitimate social concerns that include massive plant closings and deindustrialization, inadequate skills programs, and lack of decent jobs. Some of these problems also concern the Global South, as workers there face exploitation, unhealthy working conditions, and other social ills caused by global capitalism. In light of these problems, this Article argues that the International Labor Organization (ILO) should design new conventions on lead firm liability and mass layoffs. While other scholars and policymakers …
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
American University Law Review
No abstract provided.
Worldwide Frand Licensing Standard, Garry A. Gabison
Worldwide Frand Licensing Standard, Garry A. Gabison
American University Business Law Review
No abstract provided.
Valueact Partners And Hart-Scot-Rodino: Ending The Competition Between Investor Interest And Antitrust Law, Amy D'Avella
Valueact Partners And Hart-Scot-Rodino: Ending The Competition Between Investor Interest And Antitrust Law, Amy D'Avella
American University Business Law Review
No abstract provided.
Extraterritoriality Of Antitrust Law: Applying The Supreme Court's Analysis In Rjr Nabisco To Foreign Component Cartels, Megan L. Masingill
Extraterritoriality Of Antitrust Law: Applying The Supreme Court's Analysis In Rjr Nabisco To Foreign Component Cartels, Megan L. Masingill
American University Law Review
No abstract provided.
Sec Regulation Of Foreign-Domiciled Investment Advisers: A Study Of The Policy Vision Inspiring The Unibanco Letter, John H. Walsh
Sec Regulation Of Foreign-Domiciled Investment Advisers: A Study Of The Policy Vision Inspiring The Unibanco Letter, John H. Walsh
American University Business Law Review
No abstract provided.
Big Pharma Monopoly: Why Consumers Keep Landing On "Park Place" And How The Game Is Rigged, Mark S. Levy
Big Pharma Monopoly: Why Consumers Keep Landing On "Park Place" And How The Game Is Rigged, Mark S. Levy
American University Law Review
No abstract provided.
The Ultimate Fighting Championship And Zuffa: From ‘Human Cock-Fighting' To Market Power, Carl J. Gaul Iv
The Ultimate Fighting Championship And Zuffa: From ‘Human Cock-Fighting' To Market Power, Carl J. Gaul Iv
American University Business Law Review
No abstract provided.
Citizen Petitions: Long, Late-Filed, And At-Last Denied, Michael A. Carrier, Carl Minniti
Citizen Petitions: Long, Late-Filed, And At-Last Denied, Michael A. Carrier, Carl Minniti
American University Law Review
No abstract provided.
Patents V. Antitrust: Preempting Conflict, Matthew G. Sipe
Patents V. Antitrust: Preempting Conflict, Matthew G. Sipe
American University Law Review
No abstract provided.
Insider Trading Flaw: Toward A Fraud-On-The-Market Theory And Beyond, Kenneth R. Davis
Insider Trading Flaw: Toward A Fraud-On-The-Market Theory And Beyond, Kenneth R. Davis
American University Law Review
No abstract provided.
Pay-To-Play: The Impact Of Group Purchasing Organizations On Drug Shortages, Christian Deroo
Pay-To-Play: The Impact Of Group Purchasing Organizations On Drug Shortages, Christian Deroo
American University Business Law Review
No abstract provided.
Credit Default Swaps And Clearing, Nazanin Baseri
Credit Default Swaps And Clearing, Nazanin Baseri
Legislation and Policy Brief
In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …
2009 International Trade Law Decisions Of The Federal Circuit, Patrick A. Fitch
2009 International Trade Law Decisions Of The Federal Circuit, Patrick A. Fitch
American University Law Review
No abstract provided.
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
The Modern American
No abstract provided.
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
American University Law Review
No abstract provided.
Misuse Of The Less Restrictive Alternative Inquiry In Rule Of Reason Analysis, Gabriel A. Feldman
Misuse Of The Less Restrictive Alternative Inquiry In Rule Of Reason Analysis, Gabriel A. Feldman
American University Law Review
The rule of reason articulated by the Supreme Court in 1918 in Chicago Board of Trade has long been the target of scorn and ridicule by scholars and judges. The rule, which is used to determine the legality of restraints under Section 1 of the Sherman Act, instructs courts to identify and balance a restraint's competitive effects - restraints that are net procompetitive are legal. Critics argue that the rule is easy to state but impossible to apply, as it asks courts to identify the unidentifiable and balance the unbalanceable. Despite the steady criticism, the rule has remained the exclusive …
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
American University Law Review
Courts have developed several non-technical “secondary considerations” to help judges and juries in patent litigation decide whether a patent meets the crucial statutory requirement that a patent be non-obvious. This Article proposes a tenth secondary consideration to help judges and juries: increased market power. If a patent measurably increases its holders’ market power in the market into which it sells products or services, then that increase should weigh in favor of finding the patent non-obvious. Using increased market power incorporates the predictive benefits of several other secondary considerations, while often increasing the accuracy and availability of evidence. It would provide …
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
American University Law Review
No abstract provided.
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
American University Law Review
No abstract provided.
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
American University Law Review
No abstract provided.
Fairness Opinions, Steven M. Davidoff
Fairness Opinions, Steven M. Davidoff
American University Law Review
This Article re-examines the fairness opinion, as well as its role and necessity in corporate control transactions. This Article argues that today's fairness opinion regime is deeply flawed and, as a consequence, a fairness opinion has little meaning. The reasons are primarily this: the financial analyses underlying fairness opinions, as currently prepared by investment banks, are prone to excessive subjectivity and are frequently the product of valuation techniques that are not in accord with best practices. These defects are exacerbated by the recurring problem of these same investment banks who are conflicted in their provision of these opinions. Meanwhile, SEC …
Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy
American University Law Review
No abstract provided.
Keeping Cell Phones Affordable: Regulating The Private Sector's Contribution To Development, Rachael Moshman
Keeping Cell Phones Affordable: Regulating The Private Sector's Contribution To Development, Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey
The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey
Human Rights Brief
No abstract provided.
Once More Unto The Breach: Reconciling Chevron Analysis And De Novo Judicial Review After United States V. Haggar Apparel Company , Claire R. Kelly, Patrick C. Reed
Once More Unto The Breach: Reconciling Chevron Analysis And De Novo Judicial Review After United States V. Haggar Apparel Company , Claire R. Kelly, Patrick C. Reed
American University Law Review
No abstract provided.
The Use Of The Antitrust State Action Doctrine In The Deregulated Electric Utility Industry , Jeffery D. Schwarz
The Use Of The Antitrust State Action Doctrine In The Deregulated Electric Utility Industry , Jeffery D. Schwarz
American University Law Review
No abstract provided.
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
American University Law Review
No abstract provided.