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Articles 1 - 17 of 17
Full-Text Articles in Law
Market Power And Antitrust Enforcement, John B. Kirkwood
Market Power And Antitrust Enforcement, John B. Kirkwood
Faculty Articles
Antitrust is back on the national agenda. The Democratic Party, leading Senators, progressive organizations, and many scholars are calling for stronger antitrust enforcement. One important step, overlooked in the discussion to date, is to reform how market power — an essential element in most antitrust violations — is determined. At present the very definition of market power is unsettled. While there is widespread agreement that market power is the ability to raise price profitably above the competitive level, there is no consensus on how to determine the competitive level. Moreover, courts virtually never measure market power (or its larger variant, …
Environmental Governance And The Global South, Jeffrey Minneti
Environmental Governance And The Global South, Jeffrey Minneti
Faculty Articles
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. Such entities include the Forest Stewardship Council (FSC) and Rainforest Alliance, both of which are nongovernmental entities that prescribe environmental standards for producers, provide labels and logos for producers that choose to comply with the standards, and maintain compliance through independent audits. The schemes incentivize environmentally responsible products and production processes by linking producers who conform …
Labor Organizing In The Age Of Surveillance, Charlotte Garden
Labor Organizing In The Age Of Surveillance, Charlotte Garden
Faculty Articles
No abstract provided.
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
Faculty Articles
Justice Ruth Bader Ginsburg made headlines when she said that she would be satisfied with the number of women on the Supreme Court “when there are nine.” But why should that answer have been so remarkable? After all, there were nine men on the Court for nearly all of its history. Yet, Justice Ginsburg’s statement was met with amusement or from some quarters — disdain. What answer would have been considered more appropriate coming from a groundbreaking feminist litigator? Would four have been an acceptable answer? Would five have been presumptuous? This episode reflects our cramped view of how much …
Social Justice And Islamic Jurisprudence, Russell Powell
Social Justice And Islamic Jurisprudence, Russell Powell
Faculty Articles
No abstract provided.
#Metoo Justice (Review Of "#Metoo, Time’S Up, And Theories Of Justice" By Lesley Wexler, Jennifer Robbennolt & Colleen Murphy), Brooke D. Coleman
#Metoo Justice (Review Of "#Metoo, Time’S Up, And Theories Of Justice" By Lesley Wexler, Jennifer Robbennolt & Colleen Murphy), Brooke D. Coleman
Faculty Articles
No abstract provided.
What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis (Afterword), Steven Bender, Tayyab Mahmud, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Zsea Bowmani, Anthony E. Varona
What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis (Afterword), Steven Bender, Tayyab Mahmud, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Zsea Bowmani, Anthony E. Varona
Faculty Articles
No abstract provided.
What's Next: Counter-Stories And Theorizing Resistance (Foreword), Tayyab Mahmud
What's Next: Counter-Stories And Theorizing Resistance (Foreword), Tayyab Mahmud
Faculty Articles
No abstract provided.
The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson
The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson
Faculty Articles
"In 1977, singer Marvin Gaye did an audacious thing: Anna Gordy-Gaye was divorcing him, and asking for $1 million dollars. Despite having a wildly successful career up to that point, Marvin was near financial ruin. His attorney, Curtis Shaw, hit upon an idea: Motown, Marvin’s record label, had given him $305,000 as an advance for his upcoming-but-undeveloped album. Marvin would give Anna the $305,000, and pledge the first $295,000 of the royalties yielded from that recording. Instead of $1 million, Anna agreed to the $600,000, as did Motown’s CEO Berry Gordy, Anna’s brother. The judge wrote up an Order to …
#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman
#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman
Faculty Articles
116 out of 136. That is the number of white men who have served on the 82-year old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate even in the context of the white-male-dominated legal profession. Were the rules simply a technical set of instructions made by a neutral set of experts, perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rulemakers—while expert—are …
Making And Breaking Connections: Valuable Perspectives On Persuasion, Review Of Legal Persuasion: A Rhetorical Approach To The Science Linda L. Berger & Kathryn M. Stanchi, Mary Nicol Bowman
Making And Breaking Connections: Valuable Perspectives On Persuasion, Review Of Legal Persuasion: A Rhetorical Approach To The Science Linda L. Berger & Kathryn M. Stanchi, Mary Nicol Bowman
Faculty Articles
No abstract provided.
Sanctions And The Blurred Boundaries Of International Economic Law, Perry Bechky
Sanctions And The Blurred Boundaries Of International Economic Law, Perry Bechky
Faculty Articles
Economic sanctions are often said to occupy a middle space between communiqués and combat. As this description makes clear, sanctions are a political tool – but a political tool that operates through economic regulation. They are simultaneously economic and political. Their dual nature seems to place sanctions in a twilight zone, neither truly in nor out of the academic discipline of international economic law (“IEL”). Sanctions tend to be marginalized in IEL scholarship, generally taking little space in the IEL literature and at the podiums of IEL conferences and courses. While economic sanctions loom large today in headline news and …
Starting From Scratch: Early Steps For The Journal, J. Christopher Rideout
Starting From Scratch: Early Steps For The Journal, J. Christopher Rideout
Faculty Articles
No abstract provided.
A Comprehensive Approach To Law School Access Admissions, Jeffrey Minneti
A Comprehensive Approach To Law School Access Admissions, Jeffrey Minneti
Faculty Articles
This article provides a theoretical framework fo building an effective law school access admission program and it gives that framework flesh, color, and voice through a description of the access admission program at Seattle University School of Law. The framework describes the neurobiology of learning, links that neurobiology to the self-regulated learning cycle, summarizes the learning challenges that students from underrepresented populations frequently face and provides strategies law school faculty and administers can implement to address those challenges. The article then demonstrates how the framework operates in a law school setting through a description of the Academic Resource Center's work …
Whitewashing Precedent: From The Chinese Exclusion Case To Korematsu To The Muslim Travel Ban Cases, Robert Chang
Whitewashing Precedent: From The Chinese Exclusion Case To Korematsu To The Muslim Travel Ban Cases, Robert Chang
Faculty Articles
No abstract provided.
The Bearish Bankruptcy, Diane Lourdes Dick
Market Power And American Express, John B. Kirkwood
Market Power And American Express, John B. Kirkwood
Faculty Articles
The Second Circuit ruled that American Express did not have market power because it operated in a two-sided market and any leverage it exercised over merchants derived from its successful competition for cardholders. As a result, the relevant market had to include both sides of a credit card transaction, the company’s market share was modest, and it could not exploit both merchants and cardholders. In Market Power and Antitrust Enforcement (forthcoming in B.U. L. REV.), I propose a new approach that infers market power from the likely effects of the challenged conduct. This approach shows that American Express clearly exercised …