Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
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 …
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally
Publications and Research
We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Trial Of William 'Big Bill' Haywood, Douglas O. Linder
The Trial Of William 'Big Bill' Haywood, Douglas O. Linder
Faculty Works
The struggle between the Western Federation of Miners and the Western Mine Owners' Association at the turn of the twentieth century might well be called a war. When the state of Idaho prosecuted William Big Bill Haywood in 1907 for ordering the assassination of former governor Frank Steunenberg, fifteen years of union bombings and murders, fifteen years of mine owner intimidation and greed, and fifteen years of government abuse of process and denials of liberties spilled into the national headlines. Featuring James McParland, America's most famous detective; Harry Orchard, America's most notorious mass murderer turned state's witness; Big Bill Haywood, …
The Haymarket Riot And Subsequent Trial: An Account, Douglas O. Linder
The Haymarket Riot And Subsequent Trial: An Account, Douglas O. Linder
Faculty Works
When an anarchist - whose identity remains a mystery even today - tossed a homemade bomb into a great company of Chicago police at 10:20 P.M. on the night of May 4, 1886, he could not have appreciated the far reaching consequences his reckless action would have. His bomb, thrown in a light drizzle as the last speaker at a labor rally climbed down from the speaker's wagon, set off a frenzy of fire from police pistols that would leave eight officers and an unknown number of civilians dead, and scores more injured. It led to the nation's first Red …
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Journal Articles
Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …