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Articles 1 - 5 of 5
Full-Text Articles in Law
Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol
Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol
UF Law Faculty Publications
When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …
The Future Of International Antitrust And Improving Antitrust Agency Capacity, D. Daniel Sokol
The Future Of International Antitrust And Improving Antitrust Agency Capacity, D. Daniel Sokol
UF Law Faculty Publications
This Essay focuses on how both external—international institutions—and internal—agency capacity and technical assistance—dynamics shape the capacity of younger agencies to undertake antitrust in their jurisdictions. Both approaches play an important role in improving capacity. In the case of technical assistance, this Essay analyzes survey data from recipient agencies of antitrust technical assistance to determine the most effective means of improving antitrust agency capacity. Part I explains the type of capacity building that antitrust agencies undertake themselves. The rest of this Essay focuses upon international efforts that can assist agencies in capacity building. Part II describes the work that international antitrust …
Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol
Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol
UF Law Faculty Publications
The legal origins literature overlooks a key area of corporate governance—the governance of state-owned enterprises ("SOEs"). There are key theoretical differences between SOEs and publicly-traded corporations. In comparing the differences of both internal and external controls of SOEs, none of the existing legal origins allow for effective corporate governance monitoring. Because of the difficulties of undertaking a cross-country quantitative review of the governance of SOEs, this Article examines, through a series of case studies, SOE governance issues among postal providers. The examination of postal firms supports the larger theoretical claim about the weaknesses of SOE governance across legal origins. In …
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King
UF Law Faculty Publications
The Convention on the Rights of the Child' (CRC) provides a legal framework that establishes a child's right to be raised in the context of her family and her culture. We regularly violate this most fundamental right of children because we fail to come to terms with our imperialist orientation toward the world. This failure has been caused, in part, by how we have constructed our way of thinking about intercountry adoption. We now have a conception of intercountry adoption that I refer to in this Article as MonoHumanism. In the context of intercountry adoption, MonoHumanism means that children …
Whither Communism: A Comparative Perspective On Constitutionalism In A Postsocialist Cuba, Jon L. Mills, Daniel Ryan Koslosky
Whither Communism: A Comparative Perspective On Constitutionalism In A Postsocialist Cuba, Jon L. Mills, Daniel Ryan Koslosky
UF Law Faculty Publications
For over fifty years, Cuba has been a source of high-spirited political and policy debates. Its history and geostrategic position make it unique in American diplomatic and socioeconomic history. Interest in the island has not waned with the collapse of Communism in Eastern Europe and the former Soviet Union. On the contrary, Raul Castro’s assumption of Government has led many to begin asking how and under what circumstances political liberalization and economic transformation may occur in Cuba. This article examines the possible constitutional outcomes of a Cuba transition and introduces a framework for analyzing both Cuban economic reforms and US …