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Articles 1 - 30 of 129
Full-Text Articles in Law
League Control Of Market Opportunities: A Perspective On Competition And Cooperation In The Sports Industry, John C. Weistart
League Control Of Market Opportunities: A Perspective On Competition And Cooperation In The Sports Industry, John C. Weistart
Duke Law Journal
An issue unsettled for at least the past decade is the proper characterization of a professional sports league for antitrust purposes. Recent litigation over the efforts of the National Football League to block the move by the Raiders from Oakland to Los Angeles should have been the occasion for a significant judicial clarification. The Ninth Circuit decision in the case seeks to limit league discretion and give individual clubs the right to pursue their separate entrepreneurial advantage. When subjected to close examination, however, the decision appears to be premised on themes that are fundamentally inconsistent. The present article suggests that …
Resale Price Maintenance After Monsanto: A Doctrine Still At War With Itself, Terry Calvani, Andrew G. Berg
Resale Price Maintenance After Monsanto: A Doctrine Still At War With Itself, Terry Calvani, Andrew G. Berg
Duke Law Journal
In this article, two enforcement officials at the Federal Trade Commission reexamine resale price maintenance in light of the Supreme Court's recent decision in Monsanto Co. v. Spray-Rite Service Corp. Commissioner Calvani and Mr. Berg consider both antitrust law and economic policy in their review of the history of resale price maintenance; they point out the chronic inconsistencies to which this antitrust regime has been subject, and identify these same inconsistencies at work in Monsanto. The authors set forth three theses with respect to Monsanto: first, that the Court intimated a willingness to reconsider at some future time the per …
Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst
Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst
Duke Law Journal
Under new pressures for cost containment, hospitals are increasingly asserting interests that conflict with those of physicians. Professor Havighurst argues that legal rules under which practitioners have challenged denials of hospital admitting privileges should be clarified in order that hospitals can more effectively carry out their new cost-containment and other responsibilities. He invokes antitrust law's "essential-facilities" doctrine to protect those abused by their competitors on a hospital staff, but he contends that, if a hospital participates in decisionmaking as an independent actor--even though it acts in concert with its physicians--, antitrust courts should lower the level of scrutiny to a …
The Predicament Of Antitrust Jurisprudence: Economics And The Monopolization Of Price Discrimination Argument, Rudolph J. Peritz
The Predicament Of Antitrust Jurisprudence: Economics And The Monopolization Of Price Discrimination Argument, Rudolph J. Peritz
Duke Law Journal
Adherents to the Law and Economics Approach (LEA) claim that the incoherence of antitrust doctrine is attributable to a "policy at war with itself" and that only an unrivaled regime of efficiency can resolve this predicament. To demonstrate this rule of reason's jurisprudential impossibility as well as its ethical undesirability, Professor Peritz examines three strains of scholarship addressing price discrimination doctrine-an area already dominated by LEA argument. He finds that the LEA's success at the symbolic level only veils its substantive inadequacies. In particular, he explains why the LEA's exclusion from rational argument of the Robinson-Patman Act, antitrust's symbol of …
Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer
Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer
Duke Law Journal
No abstract provided.
The Squeal Rule: Statutory Resolution And Constitutional Implications—Burdening The Minor’S Right Of Privacy, Brenda D. Hofman
The Squeal Rule: Statutory Resolution And Constitutional Implications—Burdening The Minor’S Right Of Privacy, Brenda D. Hofman
Duke Law Journal
No abstract provided.
Constitutional Perils—Real And Otherwise, Gene R. Nichol Jr.
Constitutional Perils—Real And Otherwise, Gene R. Nichol Jr.
Duke Law Journal
Review of: Our Endangerd Rights—The ACLU Report on Civil Liberties Today. Edited with an Introduction by Norman Dorsen. Pantheon Books, New York, N.Y., 1984.
Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson
Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson
Duke Law Journal
No abstract provided.
Frivolous Appeals: The Uncertain Federal Response, Robert J. Martineau
Frivolous Appeals: The Uncertain Federal Response, Robert J. Martineau
Duke Law Journal
Frivolous appeals and abusive appeal tactics contribute to the enormous workload of the federal courts of appeals. Because these courts have been unsuccessful in defining clearly when and under what circumstances they will impose sanctions for frivolous appeals or abusive appeal tactics, the deterrent effect of these sanctions has been minimal. Professor Martineau proposes a new rule requiring sanctions for either frivolous appeals or abusive appeal tactics, arguing that sanctions are necessary to protect both litigants and the ability of the federal appellate courts to decide cases in an expeditious and fair manner.
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Duke Law Journal
Large-scale Title VII remedies are typical of "public law" litigation, which differs in kind from the conventional compensatory lawsuit. Title VII remedies are commonly adopted by way of consent decrees. By approving these consent decrees, federal courts take responsibility for extensive institutional reforms while acting independently of the adversary process. Courts have frequently approved consent decrees without fair hearings for those whose interests are at stake. Professor Schwarzschild suggests a systematic procedure for approving Title VII consent decrees. This procedure would not discourage settlements, but would ensure that courts act on the basis of fair hearings, consistently with the quasi-legislative …
State Statutes That Exempt Favored Industries From Meeting Highway Weight Restrictions: Constitutionality Under The Equal Protection Clause, Lorrie M. Marcil
State Statutes That Exempt Favored Industries From Meeting Highway Weight Restrictions: Constitutionality Under The Equal Protection Clause, Lorrie M. Marcil
Duke Law Journal
No abstract provided.
Mueller V. Allen: A New Standard Of Scrutiny Applied To Tax Deductions For Educational Expenses, John W. Connolly Iii
Mueller V. Allen: A New Standard Of Scrutiny Applied To Tax Deductions For Educational Expenses, John W. Connolly Iii
Duke Law Journal
No abstract provided.
The Unworthy Victim: Police Discretion In The Credibility Call, H. Richard Uviller
The Unworthy Victim: Police Discretion In The Credibility Call, H. Richard Uviller
Law and Contemporary Problems
No abstract provided.
The Impact Of Arrest Records On The Exercise Of Police Discretion
The Impact Of Arrest Records On The Exercise Of Police Discretion
Law and Contemporary Problems
No abstract provided.
Better Living Through Police Discretion, Harold E. Pepinsky
Better Living Through Police Discretion, Harold E. Pepinsky
Law and Contemporary Problems
No abstract provided.
Police Discretion: A Selected Bibliography, Susan L. Center
Police Discretion: A Selected Bibliography, Susan L. Center
Law and Contemporary Problems
No abstract provided.
The Victim And Prosecutorial Discretion: The Federal Victim And Witness Protection Act Of 1982, Abraham S. Goldstein
The Victim And Prosecutorial Discretion: The Federal Victim And Witness Protection Act Of 1982, Abraham S. Goldstein
Law and Contemporary Problems
No abstract provided.
Some Unwise Reflections About Discretion, George P. Fletcher
Some Unwise Reflections About Discretion, George P. Fletcher
Law and Contemporary Problems
No abstract provided.
Police Discretion In A Continental European Administrative State: The Police Of Baden-Württemberg In The Federal Republic Of Germany, David K. Linnan
Police Discretion In A Continental European Administrative State: The Police Of Baden-Württemberg In The Federal Republic Of Germany, David K. Linnan
Law and Contemporary Problems
No abstract provided.
Foreword: The Nature Of Discretion, Ronald J. Allen
Foreword: The Nature Of Discretion, Ronald J. Allen
Law and Contemporary Problems
No abstract provided.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Law and Contemporary Problems
No abstract provided.
Learning The Skills Of Policing, David H. Bayley, Egon Bittner
Learning The Skills Of Policing, David H. Bayley, Egon Bittner
Law and Contemporary Problems
No abstract provided.
Experiements In Polic Discretion: Scientific Boon Or Dangerous Knowledge?, Lawrence W. Sherman
Experiements In Polic Discretion: Scientific Boon Or Dangerous Knowledge?, Lawrence W. Sherman
Law and Contemporary Problems
No abstract provided.
Police Rulemaking Revisited: Some New Thoughts On An Old Problem, Gregory Howard Williams
Police Rulemaking Revisited: Some New Thoughts On An Old Problem, Gregory Howard Williams
Law and Contemporary Problems
No abstract provided.
Contu Revisited: The Case Against Copyright Protection For Computer Programs In Machine-Readable Form, Pamela Samuelson
Contu Revisited: The Case Against Copyright Protection For Computer Programs In Machine-Readable Form, Pamela Samuelson
Duke Law Journal
Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute …
Interpretation Of The Eighth Amendment—Rummel, Solem, And The Venerable Case Of Weems V. United States, Pressly Millen
Interpretation Of The Eighth Amendment—Rummel, Solem, And The Venerable Case Of Weems V. United States, Pressly Millen
Duke Law Journal
No abstract provided.