Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (2)
- Law & economics (2)
- Legal history (2)
- Administrative law (1)
- And Economic Stability Act (1)
-
- Capture (1)
- Chapter 9 of Bankruptcy Reform Act (1)
- Chicago School (1)
- Competition law & policy (1)
- Constitutional law (1)
- Consumer Welfare (1)
- Consumer welfare (1)
- Consumer welfare standard (1)
- Due process clauses (1)
- Economics (1)
- FTC (1)
- Feasible risk reduction (1)
- Federal Trade Commission (1)
- Fiscal plans (1)
- Governor Ricardo Rossello (1)
- Harvard School (1)
- Hierarchical interests & rights (1)
- History of responses to financial distress of US public entities (1)
- Hurricane Maria (1)
- Law & politics (1)
- Legal philosophy (1)
- Management (1)
- Market power (1)
- Mergers (1)
- Monopolization (1)
Articles 1 - 5 of 5
Full-Text Articles in Law and Politics
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
Whatever Did Happen To The Antitrust Movement?, Herbert J. Hovenkamp
Whatever Did Happen To The Antitrust Movement?, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust in the United States today is caught between its pursuit of technical rules designed to define and implement defensible economic goals, and increasing calls for a new antitrust “movement.” The goals of this movement have been variously defined as combating industrial concentration, limiting the economic or political power of large firms, correcting the maldistribution of wealth, control of high profits, increasing wages, or protection of small business. High output and low consumer prices are typically unmentioned.
In the 1960s the great policy historian Richard Hofstadter lamented the passing of the antitrust “movement” as one of the “faded passions of …
Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.
Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.
All Faculty Scholarship
This Essay draws both on my scholarly and on my personal experience as a member of Puerto Rico’s oversight board to assess the first two years of the Board’s existence. I begin in a scholarly mode, by exploring the question of where P.R.O.M.E.S.A., the legislation that created the Board, came from. P.R.O.M.E.S.A.’s core provisions are, I will argue, the product of two historical patterns that have emerged in responses to the financial distress of public entities in the United States. The first dates back to the 1970s crisis in New York City, while the second is much more recent. If …
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
All Faculty Scholarship
Although the debate over hipster antitrust is often portrayed as something new, experienced observers recognize it as a replay of an old argument that was resolved by the global consensus that antitrust should focus on consumer welfare rather than on the size of firms, the levels of industry concentration, and other considerations. Moreover, the history of the Federal Trade Commission’s Section 5 authority to prevent unfair methods of competition stands as a reminder of the dangers of allowing enforcement policy to be guided by vague and uncertain standards.
Progressive Antitrust, Herbert J. Hovenkamp
Progressive Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a …