Law Commons^™

Sherman's Missing "Supplement": Prosecutorial Capacity, Agency Incentives, And The False Dawn Of Antitrust Federalism, Daniel E. Rauch

Cleveland State Law Review

When the Sherman Act passed in 1890, it was widely expected that it would operate primarily as a "supplement" to vigorous state-level antitrust enforcement of state antitrust statutes. This did not happen. Instead, confounding the predictions of Congress, the academy, and the trusts themselves, state antitrust enforcement overwhelmingly failed to take root in the years between 1890 and the First World War. To date, many scholars have noted this legal-historical anomaly. None, however, have rigorously or correctly explained what caused it. This Article does.

Using historical and empirical research, this Article establishes that the best explanation for the early failure …

Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro

Cleveland State Law Review

This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …

Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck

Cleveland State Law Review

This note will describe the creation and development of the antitrust exemption granted to Major League Baseball and the continuing vitality of that exemption with respect to labor relations. Part I will detail the creation of the antitrust exemption, the tests articulated by the Supreme Court to determine whether a particular industry violates the antitrust laws, an application of those tests to baseball, and the possibility of finally removing this exemption through legislation in order to bring the law for the industry of baseball into line with other industries. Part II will discuss how the antitrust laws and labor laws …

The Labor Injunction - Weapon Or Tool, Robert M. Debevec

Cleveland State Law Review

An injunction is an order or write issued by a court of equity commanding an individual or group of individuals to do or refrain from doing certain acts. These certain acts may pertain to any one of a variety of matters. Here we are concerned only with the injunction as it is applied to labor organizations or individuals to prevent them from doing or cause them to do certain acts in their relationship to management. Whether these acts are lawful or unlawful is the point which decides whether or not an injunction will be allowed.