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Full-Text Articles in Law
The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane
The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane
Articles
Of all Robert Bork’s many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of U.S. antitrust law. The Supreme Court relied primarily on Bork’s argument that Congress intended the Sherman Act to advance consumer welfare in making its landmark statement in Reiter v. Sonotone that “Congress designed the Sherman Act as a ‘consumer welfare prescription.’” This singular normative vision proved foundational to the reorientation of antitrust law away from an interventionist, populist, Brandeisian, and vaguely Jeffersonian conception of antitrust law as a constraint on …
Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard
Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard
Articles
To outsiders, securities law is not all that interesting. The body of the law consists of an interconnecting web of statutes and regulations that fit together in ways that are decidedly counter-intuitive. Securities law rivals tax law in its reputation for complexity and dreariness. Worse yet, the subject regulated-capital markets-can be mystifying to those uninitiated in modem finance. Moreover, those markets rapidly evolve, continually increasing their complexity. If you do not understand how the financial markets work, it is hard to understand how securities law affects those markets.
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Articles
The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
Articles
After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.