Antitrust’S State Action Doctrine And The Ordinary Powers Of Corporations, 2012 University of Pennsylvania Carey Law School
Antitrust’S State Action Doctrine And The Ordinary Powers Of Corporations, Herbert J. Hovenkamp
All Faculty Scholarship
The Supreme Court has now agreed to review the Eleventh Circuit's decision in Phoebe-Putney, which held that a state statute permitting a hospital authority to acquire hospitals implicitly authorized such acquisitions when they were anticompetitive – in this particular case very likely facilitating a merger to monopoly. Under antitrust law’s “state action” doctrine a state may in fact authorize such an acquisition, provided that it “clearly articulates” its desire to approve an action that would otherwise constitute an antitrust violation and also “actively supervises” any private conduct that might fall under the state’s regulatory scheme.
“Authorization” in the context of …
Reforming California's Homicide Law, 2012 Pepperdine University
Reforming California's Homicide Law, Charles L. Hobson
Pepperdine Law Review
No abstract provided.
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, 2012 Pepperdine University
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Pepperdine Law Review
No abstract provided.
Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, 2012 Pepperdine University
Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel
Pepperdine Law Review
The California Constitution gives the primary power to promulgate rules of civil procedure for the state courts to the legislature and the people, leaving the state’s Judicial Council with residual, or secondary, authority to adopt rules of procedure and court administration “when and where the higher authority of the Legislature and the people has not been exercised.” This Article demonstrates how this legislative rulemaking process, referred to herein as “legislative primacy,” does not work because, as of the writing of this article in 1997, it produced ineffective statutory summary judgment law.
Printz V. United States: The Revival Of Constitutional Federalism, 2012 Pepperdine University
Printz V. United States: The Revival Of Constitutional Federalism, Lang Jin
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, 2012 Pepperdine University
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, 2012 Pepperdine University
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , 2012 Pepperdine University
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, 2012 Pepperdine University
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, 2012 Pepperdine University
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
O Cidadão E O Estadista, 2012 Universidade do Porto
O Cidadão E O Estadista, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Fala-se muito em crise, naturalmente em mudanças políticas, e até em regeneração dos partidos. Cremos que esta é fundamental. Ou tal ocorre, ou virá, mais dia menos dia, após esta ou aquela convulsão, a ditadura e o partido único, sob qualquer bandeira, normalmente populista. Muitos estão já a atiçar o lume antipartidário e antidemocrático, como ocorreu noutros tempos. E apontando já os bodes expiatórios a sacrificar, enquanto os verdadeiros responsáveis passam ao largo... Por outro lado, não é Estadista quem quer. São precisas virtudes e qualidades. Não uma competência mitificada e abstrata. Mas projeto político e capacidade, experiência, etc.
Profile - The California Endowment’S Center For Healthy Communities, 2012 New York Law School
Profile - The California Endowment’S Center For Healthy Communities, James Hagy
Rooftops Project
When the California Endowment planned new headquarters space for its own operations, its vision also included creating conference space suitable for events by other not-for-profits, opportunities for formal and informal collaboration among not-for-profits with compatible missions, and even incubator spaces for smaller organizations in need of an office presence. In this second article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, talks with Anne-Marie Jones, Director of the Endowment’s Center for Healthy Communities, and Edward de la Torre, its Director of Facilities and Events.
Profile - Fernbank Museum Of Natural History, 2012 New York Law School
Profile - Fernbank Museum Of Natural History, James Hagy
Rooftops Project
Any natural history or science museum would be proud to haev the diversity of collections and programmatic resources found at Fernbank Museum of Natural History in Atlanta, Georgia. But few if any can law claim, as Fernbank does, to having “grown out of a forest.” Professor James Hagy, Director of The Rooftops Project, talks wiht Aneli Nugteren, Executive Vice President and Chief Operating Officer of Fernbank Museum, about its unique campus, mission, and facilities.
Profile - Legal Aid Center Of Southern Nevada, 2012 New York Law School
Profile - Legal Aid Center Of Southern Nevada, James Hagy
Rooftops Project
Responding to an ever-increasing need for pro bono legal services, the Legal Aid Center of Southern Nevada recently broke ground in downtown Las Vegas on what will become its new headquarters. Professor James Hagy, Director of The Rooftops Project, talks with Eexecutive Director Barbara Buckley about the project and the role that the new facility will play in advancing the Center’s mission and its services to clients.
Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, 2012 New York Law School
Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, James Hagy
Rooftops Project
At manyplaces of worship, responsibility for oversight of the physical facilities falls to administrative staff as one more adjunct to an already busy schedule. At others, property tasks may be left to volunteers. The “on-the-job training” may often be self-taught. Professor James Hagy explores these challenges with Alyssa Bellew, Administrative Director of Neighborhood Unitarian Universalist Church.
Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, 2012 New York Law School
Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy
Rooftops Project
Benjamin Webb discusses the rewards and challenges of being responsible for facilities management and energy for the largest mixed-program cultural center in the Southeastern U.S.
Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, 2012 New York Law School
Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, James Hagy
Rooftops Project
Steve Marcussen and Jonathan Sklar of Cushman & Wakefield’s Los Angeles office share thoughts on how not-for-profit organizations can be more effective with their real estate assets and in implementing projects with outside real estate brokerage advisors.
Perspectives - Alice Korngold Of Korngold Consulting, 2012 New York Law School
Perspectives - Alice Korngold Of Korngold Consulting, James Hagy
Rooftops Project
Alice Korngold of Korngold Consulting presents her views on optimizing the match between not-for-profit organizations and prospective board member volunteers.
Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, 2012 New York Law School
Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, James Hagy
Rooftops Project
In this first of our series of international perspectives, Kathleen Curran relfects on the important role that physical space has played in her charitable mission in Bolivia supporting promising students seeking an advanced education in a setting of poverty.
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii
Nevada Law Journal
No abstract provided.