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Articles 391 - 420 of 28060

Full-Text Articles in Law

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese Sep 2019

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Alan J. Meese

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese Sep 2019

Property Rights And Intrabrand Restraints, Alan J. Meese

Alan J. Meese

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …


Property, Aspen, And Refusals To Deal, Alan J. Meese Sep 2019

Property, Aspen, And Refusals To Deal, Alan J. Meese

Alan J. Meese

No abstract provided.


Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese Sep 2019

Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese

Alan J. Meese

No abstract provided.


Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese Sep 2019

Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese

Alan J. Meese

No abstract provided.


Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese Sep 2019

Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese

Alan J. Meese

No abstract provided.


Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese Sep 2019

Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese

Alan J. Meese

The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …


Monopoly Bundling In Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese Sep 2019

Monopoly Bundling In Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese

Alan J. Meese

No abstract provided.


Price Theory, Competition, And The Rule Of Reason, Alan J. Meese Sep 2019

Price Theory, Competition, And The Rule Of Reason, Alan J. Meese

Alan J. Meese

Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present structure of Rule of Reason analysis, applied pursuant to Standard Oil v. United States, has become outdated. The Rule of Reason as currently applied by the courts rests upon neoclassical price theory, an economic paradigm that assumes that legitimate competition consists of unbridled technological rivalry, unconstrained by nonstandard contracts. Recently, however, the Supreme Court has begun to apply a competing paradigm- Transaction Cost Economics-when determining whether a contract is unreasonable "per se" or instead deserving of Rule of Reason scrutiny. Professor Meese argues that Transaction Cost Economics more …


Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese Sep 2019

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Alan J. Meese

No abstract provided.


Liberty And Antitrust In The Formative Era, Alan J. Meese Sep 2019

Liberty And Antitrust In The Formative Era, Alan J. Meese

Alan J. Meese

No abstract provided.


Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese Sep 2019

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Alan J. Meese

No abstract provided.


Justice Scalia And Sherman Act Textualism, Alan J. Meese Sep 2019

Justice Scalia And Sherman Act Textualism, Alan J. Meese

Alan J. Meese

No abstract provided.


Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Sep 2019

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

Alan J. Meese

No abstract provided.


Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese Sep 2019

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Alan J. Meese

No abstract provided.


Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese Sep 2019

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese Sep 2019

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Alan J. Meese

No abstract provided.


Honorable Service, Alan J. Meese Sep 2019

Honorable Service, Alan J. Meese

Alan J. Meese

No abstract provided.


In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese Sep 2019

In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Alan J. Meese

No abstract provided.


Don't Disintegrate Microsoft (Yet), Alan J. Meese Sep 2019

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Alan J. Meese

No abstract provided.


Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese Sep 2019

Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese

Alan J. Meese

No abstract provided.


Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese Sep 2019

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese

Alan J. Meese

No abstract provided.


Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese Sep 2019

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Sep 2019

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Alan J. Meese

No abstract provided.


Global Test Threatens Security, Alan J. Meese Sep 2019

Global Test Threatens Security, Alan J. Meese

Alan J. Meese

No abstract provided.


Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese Sep 2019

Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese

Alan J. Meese

The last several years have seen a vigorous debate among antitrust scholars and practitionersa bout the appropriates tandardf or evaluating the conduct of monopolists under section 2 of the Sherman Act. While most of the debate over possible standards has focused on the empirical question of each standard's economic utility, this Article undertakes a somewhat different task: It examines the normative benchmark that courts have actually chosen when adjudicating section 2 cases. This Article explores three possible benchmarks-producer welfare, purchaser welfare, and total welfare-and concludes that courts have opted for a total welfare normative approach to section 2 since the …


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Sep 2019

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Alan J. Meese

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …


Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese Sep 2019

Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese

Alan J. Meese

No abstract provided.


Bakke Betrayed, Alan J. Meese Sep 2019

Bakke Betrayed, Alan J. Meese

Alan J. Meese

No abstract provided.