Open Access. Powered by Scholars. Published by Universities.®
Antitrust and Trade Regulation Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Antitrust extraterritoriality (1)
- Clayton Act (1)
- Decision cost (1)
- Error cost (1)
-
- History (1)
- Interpretation (1)
- Justification (1)
- Legal theory (1)
- Legislative history (1)
- Legislative intent (1)
- Narrative (1)
- Narrativity (1)
- Patent (1)
- Per se (1)
- RICO (1)
- Racketeer Influenced and Corrupt Organizations Act (1)
- Rule of reason (1)
- Sherman Act (1)
- Statutory purpose (1)
- Subject matter eligibility (1)
- Validity (1)
Articles 1 - 2 of 2
Full-Text Articles in Antitrust and Trade Regulation
The Antitrusting Of Patentability, Saurabh Vishnubhakat
The Antitrusting Of Patentability, Saurabh Vishnubhakat
Faculty Scholarship
Deciding a patent’s validity is costly, and so is deciding it incorrectly. Judges and juries must expend significant resources in order to reach a patent validity determination that is properly informed by the relevant facts. At the same time, patent validity determinations reached quickly and cheaply may conserve resources today while creating future costs. Wrongly preserving an invalid patent can distort the competitive market and enable abuses, such as nuisance litigation. Meanwhile, wrongly striking down a valid patent can undermine incentives for continued investment and commercialization in knowledge assets. Courts facing patent validity issues have begun to strike this balance …
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Faculty Scholarship
The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …