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Tom Campbell

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Full-Text Articles in Law

Introduction To Constraining The Executive, Tom Campbell Dec 2017

Introduction To Constraining The Executive, Tom Campbell

Tom Campbell

The essays in this symposium illuminate aspects of the task of keeping the executive branch within its constitutionally appointed boundaries. The symposium was conceived before the 2016 elections, so its plan was not directed toward the current president. Nevertheless, it is inescapable that, writing after those elections, the authors took recent developments into account. The lessons to be learned from these essays, however, have more permanent application than simply for the immediate present. In this introduction, I review the articles of the symposium hoping to highlight the valuable contribution to separation of powers jurisprudence that each offers for the long …

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Executive Action And Nonaction, Tom Campbell Dec 2016

Executive Action And Nonaction, Tom Campbell

Tom Campbell

Action by the executive can be challenged by a party with standing, and there is usually no shortage of such parties. The executive’s failure to act, however, is much more difficult to submit to judicial scrutiny. I propose that standards for reviewing such nonaction are available under precedent of the Administrative Procedure Act, and under severability analysis. That is, a reviewing court can determine whether the executive’s failure to enforce part of a law leaves the rest of the law to operate meaningfully as Congress intended (akin to severability analysis), and APA precedent can guide courts to determine whether nonaction …

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The E-Books Conspiracy: Crossing The Line Between Applying And Creating Law, Tom Campbell Dec 2014

The E-Books Conspiracy: Crossing The Line Between Applying And Creating Law, Tom Campbell

Tom Campbell

This article responds to John Kirkwood’s Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy. Professor Kirkwood argued that in a monopsonistic market (i.e., one where there exists one powerful buyer and many less powerful sellers), or a market in which a buyer has significantly more power than the sellers, collusion on the part of the sellers might be justified, and ought to be a defense to antitrust claims, under certain conditions. This article summarizes Kirkwood’s proposed requirements for invoking this defense and argues that they are overly prescriptive, failing to allow certain instances of beneficial collusion, imposing …

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Afterword: Corporate Social Responsibility Symposium, Tom Campbell Dec 2013

Afterword: Corporate Social Responsibility Symposium, Tom Campbell

Tom Campbell

No abstract provided.

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Severability Of Statutes, Tom Campbell Dec 2010

Severability Of Statutes, Tom Campbell

Tom Campbell

Courts legislate when they engage in "severability analysis", allowing part of a law to continue in force, after having struck down other parts as unconstitutional. This is flawed for the same reason that the legislative veto and the executive line-item veto are flawed. All involve creating a legislative outcome without the joint approval of both houses and the executive. The practice derives from an analogy to contract enforcement, where a court will try to preserve part of a contract when the rest is unenforceable. However, the analogy is imperfect because Congress and the state legislature remain in a position to …

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Bilateral Monopoly: Further Comment, Tom Campbell Dec 2007

Bilateral Monopoly: Further Comment, Tom Campbell

Tom Campbell

No abstract provided.

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Term Limits And Party Loyalty, Tom Campbell, Cameron Doolittle Apr 2007

Term Limits And Party Loyalty, Tom Campbell, Cameron Doolittle

Tom Campbell

No abstract provided.

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Bilateral Monopoly In Mergers, Tom Campbell Dec 2006

Bilateral Monopoly In Mergers, Tom Campbell

Tom Campbell

No abstract provided.

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A Test For Predation: Targeting, Tom Campbell, Nirit Sandman Dec 2003

A Test For Predation: Targeting, Tom Campbell, Nirit Sandman

Tom Campbell

No abstract provided.

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The Impact Of The Legal System On Innovation, Tom Campbell Dec 1997

The Impact Of The Legal System On Innovation, Tom Campbell

Tom Campbell

No abstract provided.

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The Link Between Liability Reforms And Productivity: Some Empirical Evidence/Comments, Tom Campbell Dec 1997

The Link Between Liability Reforms And Productivity: Some Empirical Evidence/Comments, Tom Campbell

Tom Campbell

No abstract provided.

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Liability Reforms And Economic Performance, Tom Campbell Dec 1995

Liability Reforms And Economic Performance, Tom Campbell

Tom Campbell

No abstract provided.

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Antitrust And International Competitiveness In The 1990'S, Tom Campbell Dec 1988

Antitrust And International Competitiveness In The 1990'S, Tom Campbell

Tom Campbell

No abstract provided.

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Federal Rule Of Civil Procedure 68: A Comment, Tom Campbell Dec 1986

Federal Rule Of Civil Procedure 68: A Comment, Tom Campbell

Tom Campbell

No abstract provided.

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Predation And Competition In Antitrust: The Case Of Nonfungible Good, Tom Campbell Dec 1986

Predation And Competition In Antitrust: The Case Of Nonfungible Good, Tom Campbell

Tom Campbell

No abstract provided.

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Economic Concepts And Antitrust Analysis: A Critical Reexamination, Tom Campbell Dec 1986

Economic Concepts And Antitrust Analysis: A Critical Reexamination, Tom Campbell

Tom Campbell

No abstract provided.

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Labor Law And Economics, Tom Campbell Dec 1985

Labor Law And Economics, Tom Campbell

Tom Campbell

No abstract provided.

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Supreme Court Developments, Tom Campbell Dec 1985

Supreme Court Developments, Tom Campbell

Tom Campbell

No abstract provided.

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The Antitrust Record Of The First Reagan Administration, Tom Campbell Dec 1984

The Antitrust Record Of The First Reagan Administration, Tom Campbell

Tom Campbell

No abstract provided.

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The Efficiency Of The Failing Company Defense, Tom Campbell Dec 1983

The Efficiency Of The Failing Company Defense, Tom Campbell

Tom Campbell

No abstract provided.

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Antitrust And International Competitiveness In Law, Tom Campbell Dec 1983

Antitrust And International Competitiveness In Law, Tom Campbell

Tom Campbell

No abstract provided.

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Has Economics Rationalized Antitrust?, Tom Campbell Dec 1983

Has Economics Rationalized Antitrust?, Tom Campbell

Tom Campbell

No abstract provided.

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Regression Analysis In Title Vii Cases: Minimum Standards, Comparable Worth, And Other Issues Where Law And Statistics Meet, Tom Campbell Dec 1983

Regression Analysis In Title Vii Cases: Minimum Standards, Comparable Worth, And Other Issues Where Law And Statistics Meet, Tom Campbell

Tom Campbell

No abstract provided.

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The New Merger Guidelines: A Federal Trade Commission Perspective, Tom Campbell Dec 1981

The New Merger Guidelines: A Federal Trade Commission Perspective, Tom Campbell

Tom Campbell

No abstract provided.

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The Competition Mission: Guiding Principles And Future Directions, Tom Campbell Dec 1981

The Competition Mission: Guiding Principles And Future Directions, Tom Campbell

Tom Campbell

No abstract provided.

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Beyond The Prima Facie Case In Employment Discrimination Law: Statistical Proof And Rebuttal, Tom Campbell Dec 1974

Beyond The Prima Facie Case In Employment Discrimination Law: Statistical Proof And Rebuttal, Tom Campbell

Tom Campbell

No abstract provided.

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