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Full-Text Articles in Law

Procompetitive Justifications In Antitrust Law, John M. Newman Jan 2019

Procompetitive Justifications In Antitrust Law, John M. Newman

Articles

The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.

But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an "open question," even an "absolute mystery." Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.

This Article provides answers ...


The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Jan 2017

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Articles

In 2017, the U.S. Senate confirmed Neil M. Gorsuch's nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch's primary area of expertise is antitrust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court's leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia L. Narine Jan 2015

Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia L. Narine

Articles

No abstract provided.


Response: Means, Ends, And Institutions, Charlton C. Copeland Jan 2014

Response: Means, Ends, And Institutions, Charlton C. Copeland

Articles

No abstract provided.


Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman Jan 2011

Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman

Articles

No abstract provided.


Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney Jan 1992

Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney

Articles

No abstract provided.


Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones Jan 1990

Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones

Articles

No abstract provided.