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Full-Text Articles in Legal History
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
All Faculty Scholarship
In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust and intellectual property law both seek to improve economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust reform began in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition - furthering goals of antitrust policy. Today, patent law has begun its own reform journey, but it is in a much earlier …
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
Articles in Law Reviews & Other Academic Journals
In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Scholarly Works
In 1929 A. Arthur Schiller published a celebrated article, Trade Secrets and the Roman Law; the Actio Servi Corrupti. His main conclusions are that the Roman owner of a mark or firm name was legally protected against unfair usage by a competitor through the actio servi corrupti, “action for making a slave worse,” which the Roman jurists used to grant commercial relief under the guise of private law actions. “If, as the writer believes [writes Schiller], various private causes of action were available in satisfying commercial needs, the state was acting in exactly the same fashion as it …