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Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp 2019 University of Pennsylvania Law School

Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In Ohio v. American Express Co., the Supreme Court applied antitrust’s rule of reason to a two-sided platform. The challenge was to an “anti-steering” rule, a vertical restraint preventing merchants from shifting customers who offered an AmEx card from to a less costly alternative such as Visa or Mastercard.

A two-sided platform is a business that depends on relationships between two different, noncompeting groups of transaction partners. For example, a printed periodical such as a newspaper earns revenue by selling both advertising and subscriptions to the paper itself. Success depends on a platform’s ability to maintain the appropriate ...


Decentralized Space Traffic Management, Ruth Stilwell 2019 George Washington University - Space Policy Institute

Decentralized Space Traffic Management, Ruth Stilwell

Space Traffic Management Conference

This paper will examine the political, policy, and regulatory barriers to the provision of STM as a global safety service. It will examine the concepts under development for airspace from 20km to 100km to accommodate new entrants in aviation and space and discuss how those concepts may provide a path forward for decentralized space traffic management.


Hushing Contracts, David A. Hoffman, Eric Lampmann 2019 University of Pennsylvania Law School

Hushing Contracts, David A. Hoffman, Eric Lampmann

Faculty Scholarship at Penn Law

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...


The Impact Of The Durbin Amendment On Banks, Merchants, And Consumers, Vladimir Mukharlyamov, Natasha Sarin 2019 Georgetown University

The Impact Of The Durbin Amendment On Banks, Merchants, And Consumers, Vladimir Mukharlyamov, Natasha Sarin

Faculty Scholarship at Penn Law

After the Great Recession, new regulatory interventions were introduced to protect consumers and reduce the costs of financial products. Some voiced concern that direct price regulation was unlikely to help consumers, because banks offset losses in one domain by increasing the prices that they charge consumers for other products. This paper studies this issue using the Durbin Amendment, which decreased the interchange fees that banks are allowed to charge merchants for processing debit transactions. Merchant interchange fees, previously averaging 2 percent of transaction value, were capped at $0.22, decreasing bank revenue by $6.5 billion annually. The objective of ...


Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker 2019 Southern Methodist University

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.


Measuring Incremental Sb743 Progress: Accounting For Project Contributions Towards Reducing Vmt Under California's Senate Bill 743, Christopher E. Ferrell 2019 Mineta Transportation Institute

Measuring Incremental Sb743 Progress: Accounting For Project Contributions Towards Reducing Vmt Under California's Senate Bill 743, Christopher E. Ferrell

Mineta Transportation Institute Publications

On September 27, 2013, California’s governor signed Senate Bill (SB) 743 into law, in part mandating the transition from a level-of-service-based (LOS) measure of transportation environmental impacts to a vehicle-miles-traveled-based (VMT) one in compliance with the California Environmental Quality Act (CEQA). Several California jurisdictions, including San Jose, Pasadena, and San Francisco, have moved quickly to comply with SB 743, so it is no surprise that several of these early-adopter cities have been working hard to develop powerful VMT estimation methods and tools using the most recent research available.

This perspective uses the experiences of an early-adopter city, San Jose ...


The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton 2019 RAND Corporation

The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton

Faculty Scholarship at Penn Law

No abstract provided.


The Convergence Of The War On Terror And The War On Drugs: A Counter-Narcoterrorism Approach As A Policy Response, Lindsay Burton 2019 Claremont Colleges

The Convergence Of The War On Terror And The War On Drugs: A Counter-Narcoterrorism Approach As A Policy Response, Lindsay Burton

CMC Senior Theses

This thesis investigates how and why U.S. policies and agencies are ill-equipped to respond to narco-terrorism and offers some policy recommendations for remedying that. Narco-terrorism is the merging of terrorism and drug trafficking. Terrorist organizations and narcotics traffickers each have much to offer the other; there is potential for symbiosis in the form of cooperation and even hybridization. Examination of the dynamics between terrorist organizations and drug traffickers, combined with an evaluation of the US responses to narcoterrorism in Colombia and Afghanistan, makes it clear that current US policy responses fail to recognize narcoterrorism as a unique challenge, and ...


Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp 2019 University of Pennsylvania Law School

Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Antitrust’s consumer welfare principle stands for the proposition that antitrust policy should encourage markets to produce output as high as is consistent with sustainable competition, and prices that are accordingly as low. Such a policy does not protect every interest group. For example, it opposes the interests of cartels or other competition-limiting associations who profit from lower output and higher prices. It also runs counter to the interest of less competitive firms that need higher prices in order to survive. Market structure is relevant to antitrust policy, but its importance is contingent rather than absolute – that is, market structure ...


Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi 2018 Southern Taiwan University of Science and Technology, Tainan

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the ...


Extended Commentary: Military Service Without The Common Rule, Harwood R. Garland II. 2018 University of North Georgia

Extended Commentary: Military Service Without The Common Rule, Harwood R. Garland Ii.

International Social Science Review

The Common Rule does not mention military service members, and hence does not protect them as a vulnerable class of people. Other laws offer protection in relations to clinical research on U.S. military service members, but they are far from the straightforward.


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider 2018 The University of San Francisco

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


The Spirit Is Willing, But The Flesh Is Weak: Contemporary Pan-Africanism And The Challenges To A United States Of Africa, Adesola Adeyemo 2018 The University of San Francisco

The Spirit Is Willing, But The Flesh Is Weak: Contemporary Pan-Africanism And The Challenges To A United States Of Africa, Adesola Adeyemo

Master's Theses

Establishing a ‘United States of Africa’ to the average individual is deemed as a mythical idea in contemporary Africa, irrespective of the popularity of this idea several years ago. Today, the idea is idealized as overambitious – considering the balkanized state of the continent post-colonialization. Because of this, attempts made since then have favored enforcing regional integration over continental integration. Undeniably, this idea would not have come into being if it wasn’t for the concept of Pan-Africanism - which has for long guided the political and socio-economic policies created on the continent. The goal of this research is to explore the ...


Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt III 2018 University of Pennsylvania Law School

Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article ...


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff 2018 University of Pennsylvania Law School

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


Informal Rulemaking And Democratic Participation Fda – Food Labeling, Fcc – Net Neutrality, A Text Mining Study, Casey Shannon 2018 State University of New York College at Buffalo - Buffalo State College

Informal Rulemaking And Democratic Participation Fda – Food Labeling, Fcc – Net Neutrality, A Text Mining Study, Casey Shannon

Public Administration Master’s Projects

The Administrative Procedure Act (APA) is supposed to make the rulemaking process at the administrative level democratic. This study will look at two examples of federal regulatory agencies – Food and Drug Administration (FDA) and the Federal Communications Commission (FCC). The topics are food labeling, and net neutrality respectively. The APA highlights the process of notice and comment rulemaking. The APA is evaluated in the literature review for effectiveness and shortcomings. Interest groups play a key role in the policy making process; interest groups inform and mobilize citizens, and then coordinate commenting on agency rule propositions. This can sometimes lead to ...


Public Policy And Strategies To Support Institutional And Technological Innovations In The New Water Economy: The Example Of Innovation Technology Clusters In Developing And Diffusing Water Technologies., Craig Francis Barham 2018 University of Louisville

Public Policy And Strategies To Support Institutional And Technological Innovations In The New Water Economy: The Example Of Innovation Technology Clusters In Developing And Diffusing Water Technologies., Craig Francis Barham

Electronic Theses and Dissertations

A long list of water technologies has been central to human development throughout history. From the well in ancient times to desalination in the contemporary period, water technologies are needed to produce, distribute and treat water to support human life, industry, agriculture, and environmental health. As human development puts intense pressure on the planet's limited fresh water supplies, society is turning to increasingly innovative water technologies to close the supply-demand gap. The water economy represents a significant share of total economic output it its own right, while at the same time water directly or indirectly underpins all other economic ...


Law Enforcement Employees’ Perceptions Of Performance Appraisals In A Medium-Size, Suburban Police Department, Christopher C. Zimmerman 2018 Seton Hall University

Law Enforcement Employees’ Perceptions Of Performance Appraisals In A Medium-Size, Suburban Police Department, Christopher C. Zimmerman

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this qualitative case study was to investigate how police officers in a medium-size, suburban police department perceived performance appraisals and the effects of performance appraisals on job satisfaction and job performance. This study also examined the impacts of job satisfaction and job performance on organizations. One-on-one participant interviews were conducted, and thematic coding was utilized to capture the dominant themes associated with the police officers’ perceptions of performance appraisals. Twelve police officers from a medium-size, suburban police department in New Jersey participated in the study, and their anonymity was maintained to elicit transparent responses. This dissertation was ...


Flag State Performance And The Implementation Of Port State Control In The European Union - A Mixed Methods Approach, Armando Graziano 2018 World Maritime University

Flag State Performance And The Implementation Of Port State Control In The European Union - A Mixed Methods Approach, Armando Graziano

World Maritime University Ph.D. Dissertations

The implementation and enforcement of international maritime safety standards by Member States has always represented a key objective for both the International Maritime Organisation (IMO) and the European Commission (EC). In spite of a strong global legal framework for safety at sea, harmonisation has always been a challenge. Two points are relevant here: firstly, the level of implementation and enforcement with international regulations varies significantly among countries; secondly, it is a challenge to determine and/or quantify this level of compliance.

Several attempts have been made by the maritime industry, academic studies and policy-makers to develop an appropriate set of ...


The Constituent Women Of Violence Against Women, Wilmer Morales, Jocelyn Martinez, Samantha Amaro 2018 Lesley University

The Constituent Women Of Violence Against Women, Wilmer Morales, Jocelyn Martinez, Samantha Amaro

Violence Against Women conference

The Violence against Women Initiative is a very important framework in a time in which women need a platform to be able to discuss the problems and inequality they face in society. Throughout history women have been demonized, abuse, and treated unfairly, which has affected the way women respond to acts of violence. However, recent events have allowed women to gain the courage to stand against acts including verbal, physical, emotional, and psychological abuse. Society, in general, has to be educated and be made aware of how to respond and meticulously act during events that violate the rights of women ...


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