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Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility, Jeffrey H. Smith 2015 Notre Dame Law School

Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility, Jeffrey H. Smith

Notre Dame Law Review

This Note seeks to establish that the Seventh Circuit should have held in Motorola Mobility that the FTAIA’s “direct . . . effect” requirement is satisfied when a foreign subsidiary suffers a harm due to anticompetitive activity abroad and there exists a reasonably proximate causal nexus between that harm and the domestic effect in the United States. Furthermore, the “gives rise to” requirement of the FTAIA sufficiently accounts for concerns of international comity and, under the facts of this case, causes Motorola’s claim to fail. Part I explores the history of the Sherman Antitrust Act and its international application before and ...


The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela A. Matei 2015 Lund University

The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela A. Matei

Emanuela A. Matei

The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts.

This article enlarges the scope of the review of incompatibility by ...


The Anti-Commons Revisited, Jonathan M. Barnett 2015 University of Southern California

The Anti-Commons Revisited, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Intellectual property scholars and policymakers often assert that technology and creative markets suffer from “anti-commons” (“AC”) effects that restrain innovation within a web of conflicting intellectual property claims. A minority view asserts that market players have incentives and capacities to correct for AC effects through transactional solutions. To assess the relative merits of each side of this debate, I review a large and diverse body of empirical evidence relating to AC effects in contemporary and historical markets. I independently replicate the most controversial empirical findings, supplement additional research on selected markets, and provide a survey of all documented IP-pooling arrangements ...


Grandi Navi S.P.A Seminar Case Study, Sajjad Khaksari, ALESSANDRO MATERA, SIMON TELEN, ORESTE STEFANO SANTAGATI, AHMAD SHABIR, JEEVA VELUSAAMI, SAIFUR RAHMAN MOHAMMAD 2015 Politecnico di Torino

Grandi Navi S.P.A Seminar Case Study, Sajjad Khaksari, Alessandro Matera, Simon Telen, Oreste Stefano Santagati, Ahmad Shabir, Jeeva Velusaami, Saifur Rahman Mohammad

SAJJAD KHAKSARI

GN SEMINAR NOTE, Proposed Solutions; Grandi Navi S.p.A. ("Grandi Navi”), is an Italian yacht manufacturer that is listed on the stock exchange of Milan. The company is facing a series of legal and financial problems, of both national and international character. The current situation of Grandi Navi S.p.A.; Financial restructuring options; Resurrection; Refinancing; Re-equitizing; Re-amortizing; Liquidation; Proposed Solutions; Delisting; Long-term business Plan; Business Law Course of Prof. Paolo Rainelli; Politecnico di Torino; Seminar case; Students: ORESTE STEFANO SANTAGATI; PAOLO SPICCIA; SIMON TELEN; ALESSANDRO MATERA; MOHAMMAD SAIFUR RAHMAN; SHABIR AHMAD; JEEVA VELUSAAMI; SAJJAD KHAKSARI


Is Google & People?, Sajjad Khaksari 2015 Politecnico di Torino

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

Google Advertisement strategy is strictly dominant and strongly effects the Searching Ranks. 70% of United State population and 90% of European population used to use Google as their Search Engine. People use Google but unfortunately Google thanks to its Famous Google Algorithm offer them an arrangement that is favored by Google Ad. Engine. Google has many traps to bind, copy and save almost all of the informations from the users.


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Ag Gag Past, Present, And Future, Justin F. Marceau 2015 Seattle University School of Law

Ag Gag Past, Present, And Future, Justin F. Marceau

Seattle University Law Review

While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti 2015 Seattle University School of Law

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Seattle University Law Review

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production ...


The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop 2015 Georgetown University Law Center

The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article reviews the formulation and evolution of the Philadelphia National Bank anticompetitive presumption through the lens of decision theory and Bayes Law. It explains how the economic theory, empirical evidence and experience are used to determine a presumption and how that presumption interacts with the reliability of relevant evidence to rationally set the appropriate burden of production and burden of persuasion to rebut the presumption. The article applies this reasoning to merger presumptions. It also sketches out a number of non-market share structural factors that might be used to supplement or replace the current legal and enforcement presumptions for ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones 2015 Boston College Law School

Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones

Boston College Law Review

On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association, the U.S. District Court for the Northern District of California held that the NCAA’s restriction on compensating student-athletes for the use of their names, images, and likenesses violated the Sherman Act. The court ruled against the NCAA despite a long history of judicial deference grounded in preserving the amateur and educational nature of the NCAA. The NCAA has appealed the decision. Despite annual revenues approaching $1 billion, the NCAA claims its amateur and educational fundamentals distinguish its product from commercialized professional sports. This Comment argues that ...


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis 2015 Columbia Law School

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Misuse Of Information Under The Computer Fraud And Abuse Act: On What Side Of The Circuit Split Will The Second And Third Circuits Wind Up?, Robert D. Sowell 2015 University of Florida Levin College of Law

Misuse Of Information Under The Computer Fraud And Abuse Act: On What Side Of The Circuit Split Will The Second And Third Circuits Wind Up?, Robert D. Sowell

Florida Law Review

The Computer Fraud and Abuse Act (CFAA) has reached a breaking point. The much-discussed issue is whether the CFAA provides a cause of action against persons who use electronic information in a way that violates a relevant computer-use policy. Four circuit courts of appeals have held that the CFAA provides a cause of action for misuses of information, while two have disagreed. In two undecided circuits, the district courts have favored the latter interpretation. As the Supreme Court recently refused to address the issue, these two undecided circuits will play a pivotal role in determining the direction of the CFAA.


Social Injustice In Minor League Baseball: How Major League Baseball Makes Use Of An Antitrust Exemption To Exploit Its Employees, Gregg Steinman 2015 University of Miami Law School

Social Injustice In Minor League Baseball: How Major League Baseball Makes Use Of An Antitrust Exemption To Exploit Its Employees, Gregg Steinman

University of Miami Race & Social Justice Law Review

No abstract provided.


Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan Meese 2015 William & Mary Law School

Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan Meese

Faculty Publications

No abstract provided.


Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked 2015 Seattle University School of Law

Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked

Seattle University Law Review

This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development ...


It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch 2015 Seattle University School of Law

It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch

Seattle University Law Review

Each year, 10% of all federal government spending is lost due to fraud, which adds up to over $350 billion a year. Unfortunately, many well-meaning federal judges are inadvertently making it easier for wrongdoers to retain these ill-gotten gains by unnecessarily cutting short the investigative time for the government to evaluate fraud allegations brought by whistleblowers under the False Claims Act (FCA). The FCA is the federal government’s primary tool to recover funds obtained through the submission of false claims. Because the government is unable to detect most fraud cases absent the help of whistleblowers, Congress included qui tam ...


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