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Articles 1 - 30 of 45
Full-Text Articles in Law
Throwing Out The Baby With The Bathwater: A Reply To Professor Twerski, Richard W. Wright
Throwing Out The Baby With The Bathwater: A Reply To Professor Twerski, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
All Faculty Scholarship
When should the government challenge a merger that might increase market power but also generate efficiency gains? The dominant belief has been that the government and courts should evaluate these mergers solely in terms of economic efficiency. Congress, however, wanted the courts to stop any merger significantly likely to raise prices. Substantially likely efficiency gains should therefore affect the legality of mergers to the extent that they are likely to prevent price increases. This standard is more strict than the economic efficiency criterion, because the latter would permit mergers substantially likely to lead to higher prices, if sufficient efficiency gains …
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
All Faculty Scholarship
No abstract provided.
Of Dreams And Cathedrals: A Tribute To Lewis Collens, Richard Conviser
Of Dreams And Cathedrals: A Tribute To Lewis Collens, Richard Conviser
All Faculty Scholarship
No abstract provided.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Electronic Acquisition And Release Of Federal Agency Information: Analysis Of Recommendations Adopted By The Administrative Conference Of The United States, Henry H. Perritt Jr.
Electronic Acquisition And Release Of Federal Agency Information: Analysis Of Recommendations Adopted By The Administrative Conference Of The United States, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.
The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
A New Litany Of Personal Jurisdiction, Margaret G. Stewart
A New Litany Of Personal Jurisdiction, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
New Challenges To State Water Allocation Sovereignty (With C. Dumars), A. Dan Tarlock
New Challenges To State Water Allocation Sovereignty (With C. Dumars), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock
Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Illusion Of Finality In General Water Rights Adjudications, A. Dan Tarlock
The Illusion Of Finality In General Water Rights Adjudications, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Executive Control Over Criminal Law Enforcement: Some Lessons From History, Harold J. Krent
Executive Control Over Criminal Law Enforcement: Some Lessons From History, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin
The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Government Liability Under Section 1983: The Present Is Prologue, Sheldon Nahmod
Government Liability Under Section 1983: The Present Is Prologue, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Section 1983 Discourse: The Move From Constitution To Tort, Sheldon Nahmod
Section 1983 Discourse: The Move From Constitution To Tort, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Chicago's False Foundation: Wealth Transfers (Not Just Efficiency) Should Guide Antitrust, Robert H. Lande
Chicago's False Foundation: Wealth Transfers (Not Just Efficiency) Should Guide Antitrust, Robert H. Lande
All Faculty Scholarship
My role today will be comparable to the small child's in the classic story of the Emperor's new clothes; I too have a simple truth to tell. The sole goal of antitrust is not to enhance economic efficiency. Increased economic efficiency is not even the primary goal of the antitrust laws. The main purpose of the antitrust laws is to prevent firms from acquiring and using market power to force consumers to pay more for their goods and services. Congress was primarily concerned that corporations would use market power "unfairly" to extract wealth from consumers. These wealth transfers were of …
Ratification And Undisclosed Principals, Arnold Rochvarg
Ratification And Undisclosed Principals, Arnold Rochvarg
All Faculty Scholarship
No abstract provided.
When Should States Challenge Mergers: A Proposed Federal/State Balance, Robert H. Lande
When Should States Challenge Mergers: A Proposed Federal/State Balance, Robert H. Lande
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This article critically analyzes the current system of United States merger enforcement, under which both federal and State antitrust enforcers scrutinizes and potentially can challenge any merger that affects interstate commerce. This article develops and proposes an alternative, a voluntary division of responsibility patterned after the European Union's approach. Under this alternative federal enforcers normally would defer to State enforcers for certain specified mergers, and State enforcers normally would defer to federal enforcers for other specified mergers.
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
All Faculty Scholarship
No abstract provided.
Equality And Private Choice, Anita L. Allen
Equality And Private Choice, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry
Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Health Care Allocation For The Elderly: Age Discrimination By Another Name?, Howard C. Eglit
Health Care Allocation For The Elderly: Age Discrimination By Another Name?, Howard C. Eglit
All Faculty Scholarship
No abstract provided.
International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber
International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber
All Faculty Scholarship
No abstract provided.
Note: Insuring Rule 11 Sanctions, Cary Coglianese
Note: Insuring Rule 11 Sanctions, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Antitrust And The Market For Corporate Control, Edward B. Rock
Antitrust And The Market For Corporate Control, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Introducing Criminal Law, Stephen J. Morse
Introducing Criminal Law, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.