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The Landscape Of Collective Management Schemes, Daniel J. Gervais
The Landscape Of Collective Management Schemes, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Collective management comes in many shapes and sizes. There is, however, an interesting definition proposed by WIPO: [T]he term “collective management” only refers to those forms of joint exercise of rights where there are truly “collectivized” aspects (such as tariffs, licensing conditions and distribution rules); where there is an organized community behind it; where the management is carried out on behalf of such a community; and where the organization serves collective objectives beyond merely carrying out the tasks of rights management . . . . In contrast, “rights clearance organizations” are those which perform joint exercise of rights without any …
Amicus Briefs And The Sherman Act: Why Antitrust Needs A New Deal, Rebecca Haw Allensworth
Amicus Briefs And The Sherman Act: Why Antitrust Needs A New Deal, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the Court cannot gather on its own, and technical economic savvy, which it lacks. To compensate for these deficiencies, the Court has turned to amicus briefs to supply the economic information and reasoning behind its recent changes to antitrust policy. This Article argues that such reliance on amicus briefs makes Supreme Court antitrust adjudication analogous to administrative notice-and-comment rulemaking. When the Court pays careful attention to economic …