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Full-Text Articles in Law
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus
University of Michigan Journal of Law Reform
This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School’s view that antitrust law should be …
Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity, Sandeep Vaheesan
Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity, Sandeep Vaheesan
University of Michigan Journal of Law Reform
State and federal initiatives have opened the American electric power industry to competition over the past four decades. Although the process has not occurred uniformly across the country, wholesale electricity markets exist everywhere today. Independent power producers can construct generation facilities and sell their output to utilities and industrial customers through bilateral contracts. In many regions, centralized power markets now facilitate the sale of billions of dollars in electricity annually through auctions. Although market forces have replaced direct price regulation in electricity, antitrust enforcement has not expanded its role commensurately. A lack of competition has been a serious problem in …
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
University of Michigan Journal of Law Reform
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …
Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga
Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga
University of Michigan Journal of Law Reform
The accreditation activities of the American Bar Association are under attack. From within legal academia, professors and deans complain that the ABA accreditation process is overly formalistic and intrusive. In addition, the Massachusetts School of Law has sued the ABA, alleging that the ABA's accreditation standards violate the Sherman Act. From outside legal academia, the Department of Justice has investigated the ABA's accreditation activities and initiated an antitrust suit against the ABA. The Department of Justice and the ABA immediately settled this suit, and, as a result of this settlement, the ABA has agreed not to enforce certain standards and …
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
University of Michigan Journal of Law Reform
This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.
The Professions And Noncommercial Purposes: Applicability Of Per Se Rules Under The Sherman Act, Jonathan Cobb Dickey
The Professions And Noncommercial Purposes: Applicability Of Per Se Rules Under The Sherman Act, Jonathan Cobb Dickey
University of Michigan Journal of Law Reform
This article will examine the doctrine of noncommercial purpose in the professional context and assess whether conduct undertaken by the professions conforms to the presumptions underlying the per se doctrine. It is the thesis of this article that the per se doctrine should not preclude inquiry into whether a valid noncommercial purpose justifies conduct undertaken in good faith by a profession to regulate its membership or to advance some other public interest. This article concludes that, with respect to professions, the goals of the Sherman Act are better served by inquiry into noncommercial purposes and application of the rule of …
The Sherman Act And Bar Admission Residence Requirements, Harvey Freedenberg
The Sherman Act And Bar Admission Residence Requirements, Harvey Freedenberg
University of Michigan Journal of Law Reform
This article will focus on the restrictive aspects of residence qualifications for admission to the state bar. Such restrictions are significant in three cases: initial admission to the bar, relocation by a foreign attorney, and multistate practice by an attorney admitted to the bar in another state. An attempt will be made to determine whether these requirements might be invalid under the Sherman Act and to analyze the case for their abolition. The commercial counterpart of professional entry restrictions has been termed "the very essence of monopoly,” and on this basis it is submitted that further freedom from antitrust scrutiny …