Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (4)
- Economics (2)
- Monopoly (2)
- Anticompetitive design (1)
- Chicago School (1)
-
- Chinese law (1)
- Chinese translation of Legal Orientalism (1)
- Comparative law (1)
- Comparative method (1)
- Congress (1)
- Congressional authority over international engagement (1)
- Constitutional law (1)
- Distribution of diplomatic powers (1)
- Error costs (1)
- Executive branch power (1)
- Foreign relations (1)
- Imperfect competition (1)
- Interface between administrative law and foreign relations law (1)
- Legal Orientalism (1)
- Legal history (1)
- Lost limits on diplomacy (1)
- Mergers (1)
- Monopolizing (1)
- Negotiation (1)
- Neo-Brandeis (1)
- Neoliberalism (1)
- Oriental legalism (1)
- Politics of comparison (1)
- Postcolonial theory (1)
- Predatory pricing (1)
Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
Selling Antitrust, Herbert J. Hovenkamp
Selling Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most people than, say, civil rights or criminal law. The more serious problem is that when the general press does talk about antitrust policy it naturally gravitates toward the fringes, both the far right and the far left. Extreme rhetoric makes for better press than the day-to-day operations of a technical enterprise. The extremes are often stated in overdramatized black-and-white terms that avoid the real …
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
All Faculty Scholarship
My book Legal Orientalism: China, the United States, and Modern Law (Harvard University Press 2013) was published in translation in China in 2016. This essay analyzes the Chinese reception of this book. Originally addressed to a North American readership, Legal Orientalism examines critically the asymmetric relationship in which Euro-American law and Chinese law stand to one another, the former regarding itself as an embodiment of universal values while viewing the latter’s as culturally particular ones. The essay explores what happens when a “Western” work of self-criticism is transmitted to an “Eastern” audience. In this context, it analyzes the politics of …
The Progressives' Antitrust Toolbox, Herbert J. Hovenkamp
The Progressives' Antitrust Toolbox, Herbert J. Hovenkamp
All Faculty Scholarship
The period 1900 to 1930 was the Golden Age of antitrust theory, if not of enforcement. During that period courts and scholars developed nearly all of the tools that we use to this day to assess anticompetitive practices under the federal antitrust laws. In subsequent years antitrust policy veered to both the left and the right, but today seems to be returning to a position quite similar to the one that these Progressive adopted. Their principal contributions were (1) partial equilibrium analysis, which became the basis for concerns about economic concentration, the distinction between short- and long-run analysis, and later …
Monopolizing Digital Commerce, Herbert J. Hovenkamp
Monopolizing Digital Commerce, Herbert J. Hovenkamp
All Faculty Scholarship
Section 2 of the Sherman Act condemns firms who “monopolize,” “attempt to monopolize,” or “combine or conspire” to monopolize—all without explanation. Section 2 is the antitrust law’s only provision that reaches entirely unilateral conduct, although it has often been used to reach collaborative conduct as well. In general, § 2 requires greater amounts of individually held market power than do the other antitrust statutes, but it is less categorical about conduct. With one exception, however, the statute reads so broadly that criticisms of the nature that it is outdated cannot be based on faithful readings of the text.
The one …
Antitrust Error Costs, Herbert J. Hovenkamp
Antitrust Error Costs, Herbert J. Hovenkamp
All Faculty Scholarship
The idea that consideration of error costs should inform judgments about actions with uncertain consequences is well established. When we act on imperfect information, we consider not only the probability of an event, but also the expected costs of making an error. In 1984 Frank Easterbrook used this idea to rationalize an anti-enforcement bias in antitrust, reasoning that markets are likely to correct monopoly in a relatively short time while judicial errors are likely to persist. As a result, false positives (recognizing a problem when there is none) are more costly than false negatives. While the problem of error cost …
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
All Faculty Scholarship
The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …