Law Commons^™

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Alan J. Meese

No abstract provided.

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Alan J. Meese

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Supreme Court reversed Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), which had banned minimum resale price maintenance (“minimum RPM”) as unlawful per se. For many, Leegin was a straightforward exercise of the Court’s long-recognized authority, implied by the Sherman Act’s rule of reason, to adjust antitrust doctrine in light of new economic learning. In particular, Leegin invoked the teachings of transaction cost economics (“TCE”), which holds that many non-standard agreements, including minimum RPM, are voluntary mechanisms …

Antitrust, Regulatory Harm, And Economic Liberty, Alan J. Meese

Alan J. Meese

No abstract provided.

A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese

Alan J. Meese

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.

One primary source of concern to …

Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese

Alan J. Meese

No abstract provided.

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Alan J. Meese

No abstract provided.

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Thomas J. McSweeney

No abstract provided.

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Thomas J. McSweeney

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Thomas J. McSweeney

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

Paul Marcus

No abstract provided.

White Collar Crime: A Legal Overview, Paul Marcus

Paul Marcus

No abstract provided.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Paul Marcus

No abstract provided.

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Paul Marcus

No abstract provided.

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Paul Marcus

No abstract provided.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Paul Marcus

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Paul Marcus

No abstract provided.

The Miranda Custody Requirement And Juveniles, Paul Marcus

Paul Marcus

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Paul Marcus

No abstract provided.

The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

Paul Marcus

No abstract provided.

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Paul Marcus

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …