Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Value Creation By Business Lawyers: Legal Skills And Asset Pricing, Ronald J. Gilson
Value Creation By Business Lawyers: Legal Skills And Asset Pricing, Ronald J. Gilson
Faculty Scholarship
What do business lawyers really do? Embarrassingly enough, at a time when lawyers are criticized with increasing frequency as nonproductive actors in the economy, there seems to be no coherent answer. That is not, of course, to say that answers have not been offered; there are a number of familiar responses that we have all heard or, what is worse, that we have all offered at one time or another without really thinking very hard about them. The problem is that, for surprisingly similar reasons, none of them is very helpful.
Antitrust Standing, Antitrust Injury, And The Per Se Standard, Daniel C. Richman
Antitrust Standing, Antitrust Injury, And The Per Se Standard, Daniel C. Richman
Faculty Scholarship
In 1970, a district court observed: "We must confess at the outset that we find antitrust standing cases more than a little confusing and certainly beyond our powers of reconciliation." The court could hardly have been faulted, for the confusion it noted has been endemic to these cases since the creation of the treble-damages action. Courts have never read section 4 of the Clayton Act literally to allow treble damages to every plaintiff able to attribute an economic loss to an antitrust violation. This unwillingness to recognize every such injury is fully consistent with the essential principle of antitrust law …