Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (2)
- Economics (2)
- Industrial Organization (2)
- Law and Economics (2)
- Law and Society (2)
-
- Anthropology (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Business (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Entrepreneurial and Small Business Operations (1)
- History (1)
- Intellectual Property Law (1)
- Jurisprudence (1)
- Law and Politics (1)
- Other Anthropology (1)
- Other Philosophy (1)
- Philosophy (1)
- Political History (1)
- Technology and Innovation (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Predatory Pricing Under The Areeda-Turner Test, Herbert J. Hovenkamp
Predatory Pricing Under The Areeda-Turner Test, Herbert J. Hovenkamp
All Faculty Scholarship
Few works of legal scholarship have had the impact enjoyed by Areeda and Turner's 1975 article on predatory pricing. Proof of predatory pricing under the Areeda-Turner test requires two things. The plaintiff must show a market structure such that the predator could rationally foresee "recouping the losses through higher profits earned in the absence of competition." This requirement, typically called "recoupment," requires the plaintiff to show that, looking from the beginning of the predation campaign, the predator can reasonably anticipate that the costs of predation will be more than offset by the present value of a future period of monopoly …
Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp
Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp
All Faculty Scholarship
Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and patents have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation, however, then …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …