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Full-Text Articles in Antitrust and Trade Regulation
Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam
Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam
Vanderbilt Law Review
During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …
Tying Arrangements And Class Actions, Herbert Hovenkamp
Tying Arrangements And Class Actions, Herbert Hovenkamp
Vanderbilt Law Review
This Article does not attempt to identify socially harmful tying arrangements." Rather, it draws upon the vast literature and case law of tying arrangements to suggest possible solutions to a perplexing problem in the law of antitrust class actions: under what circumstances do common questions predominate over individual questions in tying arrangement cases and thereby justify class action treatment? Courts today agree generally that although the amount of damages may vary considerably from one prospective class member to another, certification of a class action requires that the fact of injury be demonstrable by proof common to all members of a …
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Vanderbilt Journal of Transnational Law
Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).
Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).
Extraterritorial Effects Of United States Commercial And Antitrust Legislation: A View From "Down Under", Warren Pengilley
Extraterritorial Effects Of United States Commercial And Antitrust Legislation: A View From "Down Under", Warren Pengilley
Vanderbilt Journal of Transnational Law
British Commonwealth lawyers, in general, and Australian lawyers, in particular, traditionally maintain a conservative view of the extraterritorial reach of commercial legislation. As a result of the Alcoa decision in 1945, if not earlier decisions, the United States courts have espoused fairly grand ideas on the stretch of their judicial writ. In fact, the "effects" doctrine was first proclaimed in 1909 by the United States Supreme Court in American Banana Co. v. United Fruit Co. In this case, the Court proclaimed that the United States has the power to punish "acts done outside [the] jurisdiction but intended to produce and …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Emerging Financial Centers: Legal and Institutional Framework
Edited by Robert C. Effros
Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.
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The Foreign Corrupt Practices Act
By George C. Greanias and Duane Windsor
Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.
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Foreign Commerce and the Antitrust Laws Vols. I-II.
By Wilbur L. Fugate
Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.
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The Fund Agreement in the Courts: Volume II.
By Joseph Gold
Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.
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International Capital …