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Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro 2017 University of Pennsylvania Law School

Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro

Faculty Scholarship

Since the Supreme Court’s landmark 1963 decision in Philadelphia National Bank, antitrust challengers have mounted prima facie cases against horizontal mergers that rested on the level and increase in market concentration caused by the merger, with proponents of the merger then permitted to rebut by providing evidence that the merger will not have the feared anticompetitive effects. Although the way that concentration is measured and the triggering levels have changed over the last half century, the basic approach has remained intact. This longstanding structural presumption, which is well supported by economic theory and evidence, has been critical to effective ...


A Super-Elite Club Of Senior Advocates Dominates India's Courts.Pdf, Shubhankar Dam 2017 SMU School of Law

A Super-Elite Club Of Senior Advocates Dominates India's Courts.Pdf, Shubhankar Dam

Shubhankar Dam

An oligarchy rules India’s courtrooms. It dons fancy robes and bills premium fees. Still, litigants desire it, junior lawyers suffer it, and judges respect it. It is the oligarchy of senior advocates.
That oligarchy shall continue, India's supreme court recently decided. But key changes are afoot. Achieving seniority, until now, meant threading a black box. Few understood how the system worked and why.
Not anymore.
Now advocates aspiring to elevated status have an open, orderly path to it. This is a big bang reform. A new cast of counsels may sprint to prominence, altering how long-litigating Indians access ...


Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis 2017 University of Maine School of Law

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis

Maine Law Review

The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of ...


Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn 2017 University of Maine School of Law

Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn

Maine Law Review

The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are ...


An Examination Of The State And Federal Courts' Treatment Of The Parent-Child Privilege, Maureen P. O'Sullivan 2017 St. John's University School of Law

An Examination Of The State And Federal Courts' Treatment Of The Parent-Child Privilege, Maureen P. O'Sullivan

The Catholic Lawyer

No abstract provided.


Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer 2017 University of Michigan Law School

Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer

Michigan Law Review

Scholars and judges have heralded corpus linguistics—the study of language through collections of spoken or written texts—as a novel tool for statutory interpretation that will help provide an answer in the occasionally ambiguous search for “ordinary meaning” using dictionaries. In the spring of 2016, the Michigan Supreme Court became the first to use corpus linguistics in a majority opinion. The dissent also used it, however, and the two opinions reached different conclusions. In the first true test for corpus linguistics, the answer seemed to be just as ambiguous as before.

This result calls into question the utility of ...


Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Do Women Justices Matter?, Ashley Shula 2017 Eastern Illinois University

Do Women Justices Matter?, Ashley Shula

The Eastern Illinois University Political Science Review

In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.


A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez 2017 University of Maine School of Law

A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez

Maine Law Review

Takings doctrine is a mess. Let's just accept that and establish specialized federal and state "takings courts" to adjudicate takings claims. Takings claims arise when governmental conduct is alleged to detrimentally affect private property. Adjudication of takings claims may initially seem straightforward: the Fifth Amendment's Just Compensation Clause, as well as analogous state constitutional provisions, plainly provide that the government shall not take private property for public use without just compensation. In 1978, the United States Supreme Court confessed that takings analysis is hopelessly ad hoc. Decades later, in 2005, the Court abrogated a test for takings that ...


Shaping State Courts For The New Century: What Chief Judges Can Do, Judith S. Kaye 2017 University of Maine School of Law

Shaping State Courts For The New Century: What Chief Judges Can Do, Judith S. Kaye

Maine Law Review

Judge Coffin is an inspiration on so many levels for all of us. But just at this very moment in my own life, I feel that he is speaking personally and directly to me. I am in my own transitioning period, as-in just fifty-five days-my judicial service comes to an end after over twenty-five years, because our state constitution provides for mandatory age retirement. I particularly liked a quotation Judge Coffin included in his article: "Our lives are two/ If we can relish our past life anew." So, under the banner of Law and Public Service, I thought I would ...


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann 2017 University of Maine School of Law

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that ...


Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello 2017 University of Maine School of Law

Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello

Maine Law Review

In Strickland v. Washington, the United States Supreme Court issued a seminal holding that single-handedly rendered it nearly impossible for a capital defendant to demonstrate that he was the victim of ineffective assistance of counsel at the underlying trial or at sentencing. Indeed, due in substantial part to the fact that "Strickland was not intended to impose rigorous standards on criminal defense attorneys," the Court found ineffective assistance of counsel in only one case over the next sixteen years. Critically, however, during this time, both state and federal courts bore witness to some of the most horrific examples of death ...


Recent Developments, Daisy C. Karlson 2017 University of Arkansas, Fayetteville

Recent Developments, Daisy C. Karlson

Arkansas Law Review

No abstract provided.


The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock 2017 Elisabeth Haub School of Law at Pace University

The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock

Pace Law Review

In November 2017, voters in New York, for the first time in twenty years, will be asked to decide whether there “[s]hall be a convention to revise the constitution and amend the same?” If it is decided by the electorate to call a convention, “delegates will be elected in November 2018, and the convention will convene in April 2019.” One of the significant goals of a convention would be the achievement of court merger in the Empire State. The purpose of this perspective is to discuss the pros and cons of a constitutional convention with an emphasis on court ...


The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman 2017 Latham & Watkins LLP

The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman

Pace Law Review

This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.


Funding Justice: The Budget Of The Maine Judicial Branch-We Did Get There From Here, Leigh I. Saufley 2017 University of Maine School of Law

Funding Justice: The Budget Of The Maine Judicial Branch-We Did Get There From Here, Leigh I. Saufley

Maine Law Review

The budget for the administration of justice in the State of Maine is a study in contrasts. During the last two decades, the lack of sufficient dollars appropriated to Maine Judicial Branch and the impact that this underfunding has had on people seeking access to justice have created consistent concerns for leaders in the Judicial Branch as well as for those in the Executive and Legislative Branches. Despite these challenges, however, the administrative structure of the Maine Judicial Branch stands as a model for states across the country. Understanding the genesis of this contrast will be critical to planning for ...


An Exposition Of The Effectiveness Of And The Challenges Plaguing Maine's Juvenile Drug Treatment Court Program, Jason E. Rayne 2017 University of Maine School of Law

An Exposition Of The Effectiveness Of And The Challenges Plaguing Maine's Juvenile Drug Treatment Court Program, Jason E. Rayne

Maine Law Review

Since 1989, trial courts across the United States have been developing and implementing the drug court model. Drug courts are treatment-based programs that are considered less adversarial than traditional methods of adjudication. By early in the new millennium, drug courts had “achieved considerable local support and [had] provided intensive, long-term treatment services to offenders with long histories of drug use and criminal justice contacts, previous treatment failures, and high rates of health and social problems.” Drug courts were developed in part to quell the trend of prison overcrowding associated with America’s increased “war on drugs” during the 1980s. Courts ...


Maine's Overdue Judicial Reforms, Peter L. Murray 2017 University of Maine School of Law

Maine's Overdue Judicial Reforms, Peter L. Murray

Maine Law Review

The recent mandate to all organs of Maine state government to make major budget cuts in a time of international economic distress has focused attention on the fiscal and operational condition of Maine’s Judicial Branch. A symposium on March 30, 2009 at the University of Southern Maine presented various perspectives on the role of Maine’s judiciary as the twenty-first century unfolds, and the need for adequate resources to maintain the Judicial Branch as a vital and functioning branch of our tripartite system of government. It is clear that much of the challenge faced by our Judicial Branch is ...


The Impact Of The Current Economy On Access To Justice, Kathleen A. McKee 2017 University of Maine School of Law

The Impact Of The Current Economy On Access To Justice, Kathleen A. Mckee

Maine Law Review

The adequacy of access to justice in the American legal system is not a newly emergent issue. Discussion acknowledging this right dates back to colonial times. For example, in 1932, the United States Supreme Court noted in the case of Powell v. Alabama that the right to counsel in criminal proceedings can be traced back to colonial times in America. The Court remarked that the right to be heard must encompass the right to be heard by counsel if it is to be meaningful. In the ongoing dialogue on this issue, primacy has been given to the right of criminal ...


Reflections Of An Access To Justice Chair, Kermit V. Lipez 2017 University of Maine School of Law

Reflections Of An Access To Justice Chair, Kermit V. Lipez

Maine Law Review

From January 2001 to January 2008, I had the privilege of serving as the Chair of Maine’s Justice Action Group. In the legal services world, the Justice Action Group is known as an “Access to Justice” entity. Most states have such entities. Although the missions of these entities may vary somewhat from state to state, they share the same general goals—to increase the resources available to the organizations providing free or reduced fee legal services to low income, disadvantaged, and elderly citizens, and to maximize the use of these resources through coordinated efforts. In Maine, the Justice Action ...


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