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Full-Text Articles in Legal History

American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp Aug 2010

American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

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 ...


The Unsung Empathy Of Justice Stevens, Sonja R. West, Dahlia Lithwick Apr 2010

The Unsung Empathy Of Justice Stevens, Sonja R. West, Dahlia Lithwick

Popular Media

Justice John Paul Stevens' announcement of his retirement this morning has his many admirers at a loss: Liberals are already bemoaning the absence of a true liberal leader at the court—a man who could still manage to "count to five" to forge a majority on the sometimes fractious center-left of the court.


John Paul Stevens And Equally Impartial Government, Diane Marie Amann Feb 2010

John Paul Stevens And Equally Impartial Government, Diane Marie Amann

Scholarly Works

This article is the second publication arising out of the author's ongoing research respecting Justice John Paul Stevens. It is one of several published by former law clerks and other legal experts in the UC Davis Law Review symposium edition, Volume 43, No. 3, February 2010, "The Honorable John Paul Stevens."

The article posits that Justice Stevens's embrace of race-conscious measures to ensure continued diversity stands in tension with his early rejections of affirmative action programs. The contrast suggests a linear movement toward a progressive interpretation of the Constitution’s equality guarantee; however, examination of Stevens's writings ...