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Articles 1 - 3 of 3
Full-Text Articles in Law
Impeding Reentry: Agency And Judicial Obstacles To Longer Halfway House Placements, S. David Mitchell
Impeding Reentry: Agency And Judicial Obstacles To Longer Halfway House Placements, S. David Mitchell
Faculty Publications
Part I of this article details the Bureau of Prisons' rules and policies governing inmate placement, including the most recent iteration. Part II examines Chevron27 and the Bureau of Prisons' extraordinary justification exception rule. Part III turns to the threshold matter of obtaining judicial access to challenge the Bureau of Prisons' new rule, with Part III.A arguing that the federal courts should relax their standards when faced with exceptions to the exhaustion requirement and Part III.B arguing for the adoption of a federal public importance exception to the mootness doctrine. The article concludes that these changes will further Congress' dual …
Appropriate Liability Rules For Tying And Bundled Discounting, Thom Lambert
Appropriate Liability Rules For Tying And Bundled Discounting, Thom Lambert
Faculty Publications
This article asserts a comprehensive response to Elhauge’s provocative arguments. With respect to tying, the article shows that governing Supreme Court precedent does not deem the non-foreclosure “power” effects of the practice to be anticompetitive and that those effects are unlikely to reduce social welfare in the long run, especially after accounting for dynamic efficiencies. With respect to bundled discounting, the article shows that Elhauge’s proposed liability rule is both inapposite to consumer harm and inadministrable and that both “linked” market foreclosure and a form of below-cost pricing are necessary for anticompetitive harm and should therefore be prerequisites to antitrust …
The Roberts Court And The Limits Of Antitrust, Thom Lambert
The Roberts Court And The Limits Of Antitrust, Thom Lambert
Faculty Publications
This article first describes the fundamental limits of antitrust and the decision-theoretic approach such limits inspire. It then analyzes the Roberts Court’s antitrust decisions, explaining how each coheres with the decision-theoretic model. Finally, it predicts how the Court will address three issues likely to come before it in the future: tying, loyalty rebates, and bundled discounts.