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Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Faculty Articles
This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
Faculty Articles
This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociology to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the positive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.