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Understanding And Regulating Twenty-First Century Payment Systems: The Ripple Case Study, Marcel T. Rosner, Andrew Kang 2016 University of Michigan Law School

Understanding And Regulating Twenty-First Century Payment Systems: The Ripple Case Study, Marcel T. Rosner, Andrew Kang

Michigan Law Review

Ripple is an open-source Internet software that enables users to conduct payments across national boundaries in multiple currencies as seamlessly as sending an email. This decentralized Internet payment protocol could provide a cure to an inefficient cross-border payments system. Although Ripple’s technology can reduce significant risks and costs that exist in the internationalpayments system, regulators should adopt a new regulatory framework that responds to how this technology works. This Note performs two functions to help regulators realize this goal. It first helps regulators and other market participants understand how Ripple operates by explaining what Ripple is and comparing it ...


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2016 University of Southern California

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong 2016 Professor of Law, University of Cincinnati College of Law

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and the ...


O Sherman Act E A Eponimia Das Leis, Victor J. Calvete 2016 Universidade de Coimbra

O Sherman Act E A Eponimia Das Leis, Victor J. Calvete

Victor J. Calvete

In the first session of the 51th Congress of the United States, two statutes were approved named after Senator John Sherman: the Sherman Silver Act and the Sherman Anti-trust Act. In his Mémoirs the Senator admits (and regrets) the eponimy in the first case, but does not aknowledge the second. It might have been a surprise to him to know that the Judiciary's Committee version that superseeded the Finance Committee's one - the one that he introduced in December 1889 as S. 1 - came to be graced with his name.

The point is that trying to illuminate the 1890 ...


Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng 2016 University of Michigan Law School

Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng

University of Michigan Journal of Law Reform

Large telecommunications companies looking to merge spend millions of dollars in their lobbying efforts to clear regulatory hurdles and obtain approval for their proposed mergers. Corporations such as AT&T, Comcast, and Time Warner use public participation processes as vehicles to influence regulatory decision-making. In the Federal Communications Commission (FCC) merger review context, the notice- and-comment process and public hearings have become fertile breeding grounds for hidden corporate influence. Corporations spend millions on corporate social responsibility programs and call upon nonprofit organizations that receive their largesse to represent their corporate interests as grassroots interests when the FCC seeks public comment ...


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid, Nasser A Alreshaid 2015 American University Washington College of Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid, Nasser A Alreshaid

Nasser A Alreshaid

While the international community is stimulated by the new Sustainable Development Goals’ impetus, the global trade regime lives through its 40’s mid-life crisis and anticipates what it does not know what to anticipate. Views of the multilateral trading system being stalled by a proliferation of other free trade agreements signal a deep inquiry into this policy trend. What the paper intends to highlight though is that these global trade challenges could be mere air turbulence, if lessons are drawn from the new Sustainable Development Goals. By introducing the very needs of states and their constituents through these Goals, an ...


Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill 2015 NYU School of Law

Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill

New York University Law and Economics Working Papers

Antitrust courts often confront “mixed” conduct that has two contrasting effects, one harmful and the other beneficial. For example, a nationwide agreement not to pay college football players harms the players, while benefiting fans of amateur sports. An important tool for analyzing mixed conduct is to compare the action to a hypothesized alternative, and ask whether the alternative action is “less restrictive” and hence less harmful. The less restrictive alternative (LRA) test is used widely, from the rule of reason to mergers to monopolization. The test often assumes a particular, narrow form, that the alternative must be dominant: not only ...


Taking A Stand On Standing: The Third Circuit Widens The Circuit Split By Narrowing Private Antitrust Standing Under The "Consumer-Or-Competitor" Test, Elizabeth Giordano 2015 Villanova University School of Law

Taking A Stand On Standing: The Third Circuit Widens The Circuit Split By Narrowing Private Antitrust Standing Under The "Consumer-Or-Competitor" Test, Elizabeth Giordano

Villanova Law Review

No abstract provided.


The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus 2015 Roger Williams University

The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus

University of Michigan Journal of Law Reform

This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School’s view that antitrust law ...


Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill 2015 NYU School of Law

Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill

New York University Public Law and Legal Theory Working Papers

Antitrust courts often confront “mixed” conduct that has two contrasting effects, one harmful and the other beneficial. For example, a nationwide agreement not to pay college football players harms the players, while benefiting fans of amateur sports. An important tool for analyzing mixed conduct is to compare the action to a hypothesized alternative, and ask whether the alternative action is “less restrictive” and hence less harmful. The less restrictive alternative (LRA) test is used widely, from the rule of reason to mergers to monopolization. The test often assumes a particular, narrow form, that the alternative must be dominant: not only ...


Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak 2015 DePaul University

Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak

DePaul Journal of Health Care Law

No abstract provided.


Ncaa And The Rule Of Reason: Analyzing Improved Education Quality As A Procompetitive Justification, Cameron D. Ginder 2015 College of William & Mary Law School

Ncaa And The Rule Of Reason: Analyzing Improved Education Quality As A Procompetitive Justification, Cameron D. Ginder

William & Mary Law Review

No abstract provided.


Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey 2015 College of William & Mary Law School

Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey

William & Mary Environmental Law and Policy Review

No abstract provided.


Antitrust Balancing, Herbert Hovenkamp 2015 University of Iowa

Antitrust Balancing, Herbert Hovenkamp

Herbert Hovenkamp

Antitrust litigation often confronts situations where effects point in both directions. Judges sometimes describe the process of evaluating these factors as “balancing.” In its e-Books decision the Second Circuit believed that the need to balance is what justifies application of the rule of reason. In Microsoft the D.C. Circuit stated that “courts routinely apply a …balancing approach” under which “the plaintiff must demonstrate that the anticompetitive harm… outweighs the procompetitive benefit.” But then it decided the case without balancing anything.

The term “balancing” is a very poor label for what courts actually do in these cases. Balancing requires ...


Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson 2015 St. John's University School of Law

Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson

St. John's Law Review

No abstract provided.


Vertical Merger Enforcement Actions: 1994–2015, Steven C. Salop, Daniel P. Culley 2015 Georgetown University Law Center

Vertical Merger Enforcement Actions: 1994–2015, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

We have created a listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission during the period 1994-October 2015. This listing is an Appendix to Salop and Culley, Revising the Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, Journal of Antitrust Enforcement (forthcoming).


Revising The U.S. Vertical Merger Guidelines: Policy Issues And An Interim Guide For Practitioners, Steven C. Salop, Daniel P. Culley 2015 Georgetown University Law Center

Revising The U.S. Vertical Merger Guidelines: Policy Issues And An Interim Guide For Practitioners, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

Mergers and acquisitions are a major component of antitrust law and practice. The U.S. antitrust agencies spend a majority of their time on merger enforcement. The focus of most merger review at the agencies involves horizontal mergers, that is, mergers among firms that compete at the same level of production or distribution.

Vertical mergers combine firms at different levels of production or distribution. In the simplest case, a vertical merger joins together a firm that produces an input (and competes in an input market) with a firm that uses that input to produce output (and competes in an output ...


Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels 2015 Seattle University School of Law

Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels

Seattle University Law Review

It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of ...


State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl 2015 Seattle University School of Law

State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl

Seattle University Law Review

The collateral order doctrine is perhaps the most significant exception to the general rule that only final judgments are appealable. The doctrine is particularly important in antitrust litigation when a defendant asserts state action immunity, often referred to as Parker immunity. However, the circuit courts have struggled with the question of whether a denial of Parker immunity is immediately appealable as a collateral order. This unsettled procedural issue is further complicated by the fact that the substantive law on Parker immunity differs depending on the entity asserting state action. This Article argues that a governmental entity that is deemed part ...


Measuring Monopsony: Using The Antitrust Toolbox To Protect Market Competition And Help The Television Consumer, Jacob M. Derr 2015 College of William & Mary Law School

Measuring Monopsony: Using The Antitrust Toolbox To Protect Market Competition And Help The Television Consumer, Jacob M. Derr

William & Mary Law Review

No abstract provided.


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