Notre Dame Law School
Maurer School of Law: Indiana University
Washington University School of Law
University of Maryland Francis King Carey School of Law
Northwestern University School of Law
University of Pennsylvania Law School
American University Washington College of Law
Pace University
Trade,
2014
Purdue University
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia,
2014
SelectedWorks
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays ...
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement,
2014
Pepperdine University
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” test ...
Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend,
2014
Touro College Jacob D. Fuchsberg Law Center
Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal
Touro Law Review
No abstract provided.
From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy,
2014
BLR
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 ...
Patent Misuse And Antitrust: Rebirth
Or False Dawn?,
2014
University of Michigan Law School
Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim
Michigan Telecommunications and Technology Law Review
This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an “antitrust-lite” doctrine by the Federal Circuit. This Article presents new empirical data confirming this reformulation, and unveils the surprising influence of the Seventh Circuit and the Chicago School on that reformulation. The Article then explores Actavis and Kimble. It explains why Actavis will catalyze more antitrust challenges when patent rights are exercised, and ...
Pay-For-Delay Settlements In The
Wake Of Actavis,
2014
University of Michigan Law School
Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff
Michigan Telecommunications and Technology Law Review
“Pay-for-delay” settlements, also known as reverse payments, arise when a generic manufacturer pursues FDA approval of a generic version of a brand-name drug. If a patent protects the brand-name drug, the generic manufacturer has the option of contesting the validity of the patent or arguing that its product does not infringe the patent covering the brand-name drug. If the generic manufacturer prevails on either of these claims, the FDA will approve its generic version for sale. Approval of a generic version of a brand-name drug reduces the profitability of the brand-name drug by forcing the brand-name manufacturer to price its ...
Innovating To Improve Access: Changing The Way Courts Regulate Legal Markets,
2014
BLR
Innovating To Improve Access: Changing The Way Courts Regulate Legal Markets, Gillian K. Hadfield
University of Southern California Legal Studies Working Paper Series
The vast majority of ordinary Americans lack any real access to courts as they struggle to navigate a world that is increasingly shaped by legal rules and obligations. Often this means simply forgoing legal rights and entitlements or giving up in the face of claims of wrongdoing. Among those who cannot avoid courts–such as those facing eviction, collection, or foreclosure and those seeking child support, custodial access, or protection from violence or harassment–the vast majority–as many as 99 percent in some cases–find themselves in court without any legal assistance at all. There are many reasons for ...
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation,
2014
Pepperdine University
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Pepperdine Law Review
No abstract provided.
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?,
2014
Pepperdine University
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
Pepperdine Law Review
No abstract provided.
A Modest Proposal For Taming The Antitrust Beast,
2014
Pepperdine University
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
Pepperdine Law Review
No abstract provided.
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?,
2014
Pepperdine University
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
Pepperdine Law Review
This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and ...
A Legal-Historical Review Of The Eu Competition Rules,
2014
SelectedWorks
A Legal-Historical Review Of The Eu Competition Rules, Anca Daniela Chirita
Anca Daniela Chirita
This article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Schuman plan, the Founding Treaty establishing the European Coal and Steel Community and the negotiations of the Treaty of Rome. Questions of contemporary relevance are explored, relating to the goals of competition law, the historical distinction between ‘object’ and ‘effect’ under Article 101 TFEU, the possibility of an enforcement gap under Article 102 TFEU, the relationship between unfair competition and the prohibition ...
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness,
2014
SelectedWorks
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...
Worse Than The Tower Of Babel? Remedying Antitrust’S False Dichotomy Through De Novo Appellate Review,
2014
College of William & Mary Law School
Worse Than The Tower Of Babel? Remedying Antitrust’S False Dichotomy Through De Novo Appellate Review, Steven Semeraro
William & Mary Business Law Review
Modern antitrust analysis rests on a strange perch. Its paradigmatic method—pretentiously entitled the Rule of Reason—appears (but only appears) to be a dichotomous analytic. At the first stage, a court supposedly defines the relevant market and determines, as a matter of fact, whether marketplace forces constrain the defendant from profitably raising price above the level that would prevail in a competitive market. Only when market forces are inadequate to protect consumers, that is, the defendant has market power, does the court proceed to stage two, at which it assesses, as a matter of law, whether the defendant used ...
Can We (Anti)Trust Leed?: An Analysis Of The Antitrust Implications For The Green Building Movement,
2014
Boston College Law School
Can We (Anti)Trust Leed?: An Analysis Of The Antitrust Implications For The Green Building Movement, Jessica Alfano
Boston College Environmental Affairs Law Review
Sustainable construction and energy efficient structures are en vogue, and a “green building movement” has produced buildings all over the country and the world that are constructed from sustainable, energy efficient materials meant to minimize the building’s impact on the environment. A leader in this movement is the U.S. Green Building Council (USGBC), a private, non-profit organization that stresses sustainability in all areas of construction. The USGBC’s flagship work is a rating system called Leadership in Environmental Design (LEED) that measures and endorses the sustainability of a building. The success of this movement in general and the ...
Drafting Competition Law For Developing Jurisdictions: Learning From Experience,
2014
NELLCO
Drafting Competition Law For Developing Jurisdictions: Learning From Experience, Eleanor M. Fox, Michal S. Gal
New York University Law and Economics Working Papers
Developing jurisdictions often share some socio-economic characteristics, including highly concentrated markets, state ownership of major businesses, scarce human and financial resources, poor infrastructure, systemic poverty, cronyism, and corruption. This article attempts to sketch some of the implications of such characteristics on the competition law rules to be adopted by developing jurisdictions, based, inter alia, on the experience some developing jurisdictions already have with such laws. The analysis raises intriguing and complex issues, such as what the country seeks to and can probably derive from a competition law; What should be the presumptions that stand at the basis of the law ...
Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics,
2014
Villanova University School of Law
Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics, Randy Haight
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?,
2014
Berkeley Law
Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?, Aaron Edlin, Rebecca Haw
Aaron Edlin
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational licensing have exploded; nearly one-third of the U.S. workforce is now licensed, up from five percent in the 1950s. Through occupational licensing boards, states endow cosmetologists, veterinary doctors, medical doctors, and florists with the authority to decide who may practice their art. It can’t surprise when licensing boards comprised of competitors regulate in ways designed to raise their profits. The result for ...
Delay And Its Benefits For Judicial Rulemaking Under Scientific Uncertainty,
2014
Boston College Law School
Delay And Its Benefits For Judicial Rulemaking Under Scientific Uncertainty, Rebecca Haw
Boston College Law Review
The Supreme Court’s increasing use of science and social science in its decision making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting sands of scientific and social scientific opinion endangers legal stability. The Court must be responsive, but not reactive, to new scientific findings and theories, a difficult balance for lay justices to strike. This Article argues that the Court uses delay—defined as refusing to make or change a rule in light of new scientific arguments at time one, and then making or ...
