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Full-Text Articles in Law
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
Michigan Law Review
Standard-form contracts offered to consumers contain numerous terms and clauses, most of which are ancillary to the main terms of the transaction. We call these ancillary terms "boilerplate provisions." Since most consumers do not read boilerplate provisions or, if they do, find them hard to understand, courts are suspicious of boilerplate provisions and sometimes find them unenforceable under the doctrine of unconscionability. At times, courts conclude that harsh terms have not been accepted by consumers in the first place and therefore are not included in the contract, and on other occasions courts interpret boilerplate provisions in favor of consumers, applying …
What's So Great About Nothing? The Gnu General Public License And The Zero-Price-Fixing Problem, Heidi S. Bond
What's So Great About Nothing? The Gnu General Public License And The Zero-Price-Fixing Problem, Heidi S. Bond
Michigan Law Review
In 1991, Linus Torvalds released the first version of the Linux operating system. Like many other beneficiaries of the subsequent dot-com boom, Torvalds worked on a limited budget. Clad in a bathrobe, clattering away on a computer purchased on credit, subsisting on a diet of pretzels and dry pasta, hiding in a tiny room that was outfitted with thick black shades designed to block out Finland's summer sun, Torvalds programmed Linux. Like some other beneficiaries of the subsequent dot-com boom, Torvalds created a product that is now used by millions. He owns stock options worth seven figures. Computer industry giants, …
Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review
Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review
Michigan Law Review
Section I of this Note analyzes the cases in which the Supreme Court has implied a doctrine of intra-enterprise conspiracy. Section II then sets forth the theoretical and practical difficulties that such a doctrine entails. Section III, in turn, considers previous proposals for limiting the scope of the intra-enterprise conspiracy doctrine and examines their deficiencies. Finally, section IV presents an alternative analysis of the intra-enterprise conspiracy issue and proposes a standard for determining when application of section 1 of the Sherman Act to parent-subsidiary relations is inappropriate.
Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review
Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review
Michigan Law Review
Traditionally, it has not proved difficult to find policy considerations which justify the existence of programs of price information exchange among competitors. There has been widespread agreement that businessmen require knowledge of all the economic forces which affect their operations. Justice Holmes once said: "I should have thought that the ideal of commerce was an intelligent interchange made with full knowledge of the facts as a basis for the forecast of the future on both sides." Similarly, Justice Brandeis commented that "[t]he Sherman Law ... certainly does not command that competition shall be pursued blindly, that business rivals shall remain …
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Michigan Law Review
Sperry and Hutchinson Company (S & H), the largest trading stamp company in the United States, has maintained two policies throughout its seventy-two years of business. The one-for-ten policy requires retailers licensed by S & H to issue stamps to consumers at the rate of one stamp for every ten cents worth of merchandise purchased. The intent of this policy is to prevent retailers from engaging in "multiple stamping"-the practice of giving more than one stamp for every ten-cent purchase. This restricted rate of issuance is maintained through contractual agreements between the stamp company and its licensees. The second policy …
The "Warren Court" And The Antitrust Laws: Of Economics, Populism, And Cynicism, Thomas` E. Kauper
The "Warren Court" And The Antitrust Laws: Of Economics, Populism, And Cynicism, Thomas` E. Kauper
Michigan Law Review
No one could quarrel with the simple assertion that the so-called "Warren Court" has had a significant, if indeed not extraordinary, impact on the development of the antitrust laws. It could hardly have been otherwise. The fifteen years since 1953 represent virtually one-fourth of the total history of the Clayton and Federal Trade Commission Acts, and one fifth of the time which has elapsed since passage of the Sherman Act. Every Supreme Court decision under the 1950 amendments to section 7 of the Clayton Act, the so-called antimerger law, has come after the accession of Chief Justice Warren to the …
Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo
Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo
Michigan Law Review
In recent years two relatively unheralded but sweeping antitrust decisions by the Supreme Court have given rise to ramifications far beyond their facts. Unless limited, they may be interpreted by business planners as providing safe havens in many areas of conduct where corporations and trade associations have previously feared to tread. The cases are Eastern Railroad Presidents Corp. v. Noerr Motor Freight, Inc. and United Mine Workers of America v. Pennington. The broad issue they raise is the extent to which business can concertedly seek to use the mechanism of government for the purpose of restraining trade without violating …
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Michigan Law Review
In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Michigan Law Review
The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."