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Full-Text Articles in Law
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
University of Richmond Law Review
The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
University of Richmond Law Review
During the past year, this country has devoted much attention, with good reason, to the Microsoft trial and appeal. Not since the breakup of Ma Bell's stronghold on the telecommunications industry in the early 1980s has a single legal battle posed so significant a change for both an industry and its consumers. In fact, given the far-reaching effects of this decision on other related industries and consumers, it likely will be years before its ultimate impact can be assessed.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
University of Richmond Law Review
Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Group boycott and antitrust conspiracy claims met with little success in Virginia this year. Both federal and state courts are increasingly wary of allowing cases to proceed where the essential elements of antitrust claims are not established or where no impact on competition is proven. Moreover, procedural and evidentiary difficulties have plagued antitrust plaintiffs this year. In short, the cases reflect judicial analysis that is both sophisticated and resistant to allowing meritless antitrust claims to get to a jury.
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
University of Richmond Law Review
The preservation of competition among business entities is vital to the success of any economy. Recognizing the importance of competition, the United States Congress has passed antitrust laws that seek to enhance productivity and protect consumers. Although the antitrust laws, like all statutes, are vulnerable to a variety of different interpretations, "[t]he language of the antitrust statutes, their legislative histories, the major structural features of the antitrust law, and considerations of the scope, nature, consistency, and ease of administration of the law all indicate that the law should be guided solely by the criterion of consumer welfare." The antitrust laws …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
University of Richmond Law Review
The health care industry continued its dynamic course in late 1991 and early 1992. Feeding the frenzy of activity were the Virginia General Assembly and the judiciary. This article focuses on key legislative, regulatory, and judicial events of the past year, and examines their effect on health care in Virginia.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
In this past year, as in previous years, Virginia courts have imposed strict requirements on plaintiffs bringing antitrust claims. While antitrust claims remain popular, many have foundered because the plaintiff either failed to show the existence of an antitrust conspiracy or antitrust injury, or the plaintiff inadequately defined the market allegedly affected by the antitrust violation. The courts' exacting scrutiny extends beyond the elements of the action itself to procedural rules, evidentiary requirements and remedies. While one Fourth Circuit case suggests a slight relaxation in the analysis of state action immunity, the apparent adoption of the "market screen" analysis in …
Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
University of Richmond Law Review
Increasingly, the state and federal antitrust laws are being invoked in a wide variety of civil, criminal, commercial and professional disputes. While the availability of treble damages and an award of costs and attorneys' fees to a prevailing plaintiff likely provides the impetus for the assertion of civil antitrust claims, such claims have met with little success in Virginia during 1988 and 1989. Rather, antitrust defendants have substantially prevailed by asserting defenses based on, inter alia, antitrust immunity; the failure to establish the required nexus with interstate commerce; the failure to prove the existence of a conspiracy; the failure to …
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
University of Richmond Law Review
The health care industry, known for its dynamics and constant change, lived up to its reputation throughout 1987 and early 1988. Continuing concern for the cost of hospital and physician services, availability of adequate health care services for the elderly, and the impact of the AIDS virus on health care delivery contributed to make this period a tumultuous one for the health care industry nationwide. Virginia was not spared the tumult. This article focuses on key legislative, regulatory, and judicial events of the past year, and evaluates their impact on the business of providing health care in the Commonwealth.
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
University of Richmond Law Review
In the early days of America's development, the attorney-at-law was little needed. While law was a popular study, the pioneering nature of the settlers dictated that each look out for his own interests. Delegation to counsel was unnecessary.'
Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison
Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison
University of Richmond Law Review
When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
University of Richmond Law Review
On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
University of Richmond Law Review
The dynamics of operating a "major" intercollegiate sports program have a tenuous nexus with academic ideals. Intercollegiate athletics is now a big business, dominated by the balance sheet of gate receipts, T.V. revenues, and talent recruiting. The best high school athletes are aggressively recruited for their physical prowess to play for teams that perform before large crowds-and frequently a national television audience-in gigantic stadiums and field houses. In many instances coaches and players gain national recognition and reverence unequaled by professors, poets, or Nobel prize winners. Yet the sponsors of these sports extravaganzas are academic institutions who by charter and …
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
University of Richmond Law Review
An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
University of Richmond Law Review
Through the years, the Supreme Court has emphasized numerous times that "[t]he heart of our national economic policy long has been faith in the value of competition." Indeed, this principle was reiterated last Term. Crucial to economic competition are the anti-trust laws, especially the Sherman Act.
A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield
A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield
University of Richmond Law Review
Within the world of commerce, long-term supply contracts are common. Manufacturers seek to establish dependable customers and consumers hope for the security of a reliable supply. Short of vertical integration no commercial arrangement accomplishes these ends more efficiently than the several varieties of exclusive arrangements.
Self-Regulation-Panacea Or Pitfall?, William D. Dixon
Self-Regulation-Panacea Or Pitfall?, William D. Dixon
University of Richmond Law Review
Several recently announced Federal Trade Commission advisory opinions have revived anew the controversy surrounding what a businessman can and cannot do in the area of self-regulation. The reasons for the existence of the controversy can be readily understood, for on the one hand businessmen are being constantly urged by those within the federal government to clean their own houses before the Government is forced to do the job for them, and yet on the other they are faced with the specter of an antitrust prosecution if they do anything toward that end which they feel will be in any way …