Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Bork (1)
- Causation (1)
- Civil pleading (1)
- Code pleading (1)
-
- Common law (1)
- Consumer welfare (1)
- Essential facts (1)
- FRCP 8(a) (1)
- FRCrP 7(c) (1)
- Fact pleading (1)
- Fed. R. Civ. P. 8(a) (1)
- Fed. R. Crim. P. 7(c) (1)
- Federal Rules (1)
- Indictment (1)
- Labor (1)
- Meaning of Rule 7(c) (1)
- Monopoly (1)
- Output (1)
- Pleading history (1)
- Pleading requirements (1)
- Relationship between civil & criminal pleading (1)
- Resendiz-Ponce (1)
- Welfare tradeoff (1)
- Williamson (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Antitrust Harm And Causation, Herbert J. Hovenkamp
Antitrust Harm And Causation, Herbert J. Hovenkamp
All Faculty Scholarship
How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of the harm? and second, what does proof of causation require? The best criterion for assessing harm is likely or reasonably anticipated output effects. Antitrust’s goal should be output as high as is consistent with sustainable competition.
The standard for proof of causation then depends on two things: the identity of the enforcer and the remedy that the plaintiff is seeking. It does not necessarily depend on which antitrust statute the plaintiff is seeking to enforce. For public agencies, enforcement …
A Formulaic Recitation Will Not Do: Why The Federal Rules Demand More Detail In Criminal Pleading, Charles Eric Hintz
A Formulaic Recitation Will Not Do: Why The Federal Rules Demand More Detail In Criminal Pleading, Charles Eric Hintz
All Faculty Scholarship
When a plaintiff files a civil lawsuit in federal court, her complaint must satisfy certain minimum standards. Specifically, under the prevailing understanding of Federal Rule of Civil Procedure 8(a), a complaint must plead sufficient factual matter to state a claim to relief that is plausible on its face, rather than mere conclusory statements. Given the significantly higher stakes involved in criminal cases, one might think that an even more robust requirement would exist in that context. But in fact a weaker pleading standard reigns. Under the governing interpretation of Federal Rule of Criminal Procedure 7(c), indictments that simply parrot the …