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Full-Text Articles in Law
Use Of Dominance, Unlawful Conduct, And Causation Under Section 36 Of The New Zealand Commerce Act: A U.S. Perspective, Maurice Stucke
Use Of Dominance, Unlawful Conduct, And Causation Under Section 36 Of The New Zealand Commerce Act: A U.S. Perspective, Maurice Stucke
Scholarly Works
The proper interpretation of the abuse of dominance provisions in Section 36 of the New Zealand Commerce Act has been a matter of controversy. The courts of New Zealand have taken a view of the requirements of this important provision of competition law in a narrow and formal manner that makes it very difficult to take enforcement action against conduct which has a net anticompetitive effect, but which has no, or at best minimal, business or procompetitive justification. We offer this white paper to provide a United States perspective to suggest that the current counterfactual test applied by the courts …
The Concept Of 'Harm' In Copyright, Wendy J. Gordon
The Concept Of 'Harm' In Copyright, Wendy J. Gordon
Faculty Scholarship
This essay examines the tort of copyright infringement. It argues that the ideas of "harm" and "fault" already play a role in the tort’s functioning, and that an ideally reformulated version of the tort should perhaps give a more significant role to “harm.” The essay therefore examines what “harm” can or should mean, reviewing four candidates for cognizable harm in copyright law (rivalry-based losses, foregone fees, loss of exclusivity, and subjective distress) and canvassing three philosophical conceptions of "harm" (counterfactual, historical-worsening, and noncomparative). The essay identifies the appropriateness vel non of employing, in the copyright context, each harm-candidate and each …
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Law Faculty Presentations and Testimony
A counterfactual is speculating on the consequences if particular events had not happened as they did. For example, suppose the British had won the American Revolutionary War. What would have been the British policy in North America? As law teachers, lawyers, and perhaps policy makers, counterfactual history has much value for us. Its value, however, clearly depends upon the care we take in choosing a plausible counterfactual assertion, the degree of its breadth or, alternatively, its limited nature, and how we make use of the counterfactual.