Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election

Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo

Michigan Law Review

In recent years two relatively unheralded but sweeping antitrust decisions by the Supreme Court have given rise to ramifications far beyond their facts. Unless limited, they may be interpreted by business planners as providing safe havens in many areas of conduct where corporations and trade associations have previously feared to tread. The cases are Eastern Railroad Presidents Corp. v. Noerr Motor Freight, Inc. and United Mine Workers of America v. Pennington. The broad issue they raise is the extent to which business can concertedly seek to use the mechanism of government for the purpose of restraining trade without violating …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

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Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

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Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

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Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

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Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

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antitrust, civil rights, constitutional law, criminal law

The Ftc's Power To Seek Preliminary Injunctions In Anti-Merger Cases, James H. Cohen

Michigan Law Review

This Comment will examine the bases and the implications of the Supreme Court's holding. It will point out a number of problems raised by granting the FTC this remedial power, and will suggest that the situations in which preliminary injunctions may be obtained from a court of appeals should be strictly limited.

"Commodities" Under The Robinson-Patman Act

Washington and Lee Law Review

No abstract provided.

Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review

Michigan Law Review

Neither the Constitution nor federal legislation defines a patentee's licensing rights; consequently, it has devolved upon the courts to control patent marketing practices. A patentee is entitled to a limited monopoly on his invention, and proper use of this grant is not a violation of any law regulating trade practices. Yet licensing affords an opportunity to enlarge the scope of this monopoly, and courts using various rationales have declared illegal different forms of patent licensing arrangements found to be outside the protective coverage of the patent grant. Until recently, however, the courts have not dealt with the problem of whether …

Antitrust-Limitation Of Actions-Clayton Act Statute Of Limitations Tolled On Treble Damage Suits Against Non-Government Defendant Co-Conspirators-- Michigan V. Morton Salt Co., Michigan Law Review

Michigan Law Review

Plaintiffs, several states and smaller governmental units, filed related antitrust treble damage claims against ten rock salt companies that had allegedly conspired to fix prices. These private actions were instituted subsequent to civil and criminal antitrust proceedings brought by the federal government in which four of the ten companies had been named as defendants and five designated as co-conspirators but not prosecuted. Section 5(b) of the Clayton Act provides that when such actions are brought by the government, "the running of the statute of limitations in respect of every private right of action arising under said laws and based in …

The "End Result" Approach To Public Utility Regulation, Harold M. Somers

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability

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Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools

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Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause

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Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards

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Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection

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Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …

Enforcement Of Legislation Prohibiting Sales Below Cost In Washington, Eldon H. Reiley

Washington Law Review

Mr. Reiley analyzes Washington's complex Unfair Practices Act from the strengths and weaknesses of the defendant's position by tracing the various requirements and defenses of the act under two recent Washington Supreme Court decisions. To facilitate effective enforcement he offers specific suggestions for future interpretation of the act. Mr. Reiley especially urges that the intent to injure requirement be interpreted to require nothing more than proof of injury to a competitor and that the meeting competition defense be limited to require a seller to have actual knowledge of his competitor's current prices and their legality

Enforcement Of Legislation Prohibiting Sales Below Cost In Washington, Eldon H. Reiley

Washington Law Review

Mr. Reiley analyzes Washington's complex Unfair Practices Act from the strengths and weaknesses of the defendant's position by tracing the various requirements and defenses of the act under two recent Washington Supreme Court decisions. To facilitate effective enforcement he offers specific suggestions for future interpretation of the act. Mr. Reiley especially urges that the intent to injure requirement be interpreted to require nothing more than proof of injury to a competitor and that the meeting competition defense be limited to require a seller to have actual knowledge of his competitor's current prices and their legality

Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin

Michigan Law Review

A Review of The New Deal and the Monopoly Problem By E. W. Hawley

Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon

Washington Law Review

Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …

Real Estate Multiple Listing Service As Restraint Of Trade

Washington and Lee Law Review

No abstract provided.

Antitrust Guidelines For Conglomerate Mergers

Washington and Lee Law Review

No abstract provided.

Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon

Washington Law Review

Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …

Antitrust-Venue-Time Of Venue Under Section 12 Of The Clayton Act Refers To Time When Action Accrued-Eastland Construction Co. V. Keasbey & Mattison Co., Michigan Law Review

Michigan Law Review

In 1964, plaintiff brought a treble damage suit under the Clayton Act in the Federal District Court for the Northern District of California, alleging that defendant had violated the antitrust laws while doing business in that district. Defendant, a Pennsylvania corporation which formerly had conducted a portion of its business in California but which had ceased all activities there in 1962, moved for dismissal, arguing that venue was improper because it was not transacting business in the Northern District of California at the time suit was instituted. On appeal from a ruling by the district court granting the motion for …

Investigation And Discovery In State Antitrust, Bernie R. Burrus

Michigan Legal Studies Series

Monograph submitted in partial fulfillment of the requirements for the S.J.D. degree at the University of Michigan Law School.

Legal Cause In Treble Damage Actions Under The Clayton Act, Robert M. Wright

Maryland Law Review

No abstract provided.

An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.

Publications

No abstract provided.

Torts—Unfair Competition—Injunction Granted To Prevent One From Using His Surname In Own Business, Roger J. Niemel

Buffalo Law Review

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, 218 N.E.2d 531, 271 N.Y.S.2d 652, motion to amend remittitur granted, 18 N.Y.2d 676, 219 N.E.2d 872, 273 N.Y.S.2d 422 (1966).

The New Antitrust: A Structural Approach, Charles E. Mueller

Villanova Law Review

No abstract provided.

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review

No abstract provided.

Antitrust - Intra-Corporate Conspiracy, Edward C. Land Jr.

Duquesne Law Review

Unincorporated divisions of a corporation are legally capable of conspiring with each other in violation of Section 1 of the Sherman Act.

Hawaiian Oke & Liquors, Ltd. v. Joseph E. Seagram and Sons, Inc., 272 F. Supp. 915 (D. Hawaii, 1967), appeal docketed, No. -, 9th Cir. (1967).

Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine

Other Publications

A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …

Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Antitrust - Vertical Restraints Of Territory And Customers - Section 1 Of The Sherman Act, Dennis P. Mankin

Duquesne Law Review

The United States Supreme Court, distinguishing between sales and agency transactions, has held that vertical territorial or customer restrictions of a manufacturer relative to a sale are per se violations and that restrictions incidental to an agency relation are subject to the rule of reason.

United States v. Arnold, Schwinn & Co., 388 U.S. 365, 87 S. Ct. 1856 (1967).

Non-Economic Objectives And The Efficiency Properties Of Trade, Jagdish N. Bhagwati

Faculty Scholarship

It is well known (Kemp, 1962; Samuelson, 1962; Bhagwati, forthcoming) that, for a country with no monopoly power in trade (or domestic distortions), free trade (in the sense of a policy resulting in the equalization of domestic and foreign prices and hence excluding trade, production and consumption taxes, subsidies, and quantitative restrictions) is the optimal policy. It follows, therefore, that free trade is superior to no trade.

It has also been argued recently (Kemp, 1962), that, even in the case where there is monopoly power in trade, so that both no trade and free trade are suboptimal policies, it is …