Digital Commons Network^™

A Suggested Revision Of The 2020 Vertical Merger Guidelines (July 2021), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The DOJ/ FTC Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. One might expect that the VMGs will be withdrawn and/or revised, now that there is a Democratic majority. Revision is appropriate because the VMGs are both incomplete and overly permissible. This Suggested Revision can aid that process.

When Vertical Is Horizontal: How Vertical Mergers Lead To Increases In “Effective Concentration”, Serge Moresi, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article explains the inherent loss of an indirect competitor and reduction in competition when a vertical merger raises input foreclosure concerns. We then calculate a measure of the effective increase in the HHI measure of concentration for the downstream market, and we refer to this “proxy” measure as the “dHHI.” We derive the dHHI measure by comparing the pricing incentives and associated upward pricing pressure (“UPP”) involved in two alternative types of acquisitions: (i) vertical mergers that raise unilateral input foreclosure concerns (and the associated vertical GUPPI measures), and (ii) horizontal acquisitions of partial ownership interests among …

Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The design of an effective legal compliance system for an organization fearing prosecution for white-collar crime or regulatory violations requires skill at predicting human behavior. It is entirely plausible to use the economist’s simplifying assumptions of rational choice and pecuniary self-interest in making these predictions. But the realism of these assumptions has been under attack for decades now, suggesting that we should at least consider more nuanced behavioral possibilities when designing and implementing compliance programs. The label “behavioral compliance” can be attached to the design and management of compliance that draws from this wider range of behavioral predictions about individual …

Priority-Setting, Cost-Effectiveness, And The Affordable Care Act, Govind Persad

Georgetown Law Faculty Publications and Other Works

The Affordable Care Act (ACA) may be the most important health law statute in American history, yet much of the most prominent legal scholarship examining it has focused on the merits of the court challenges it has faced rather than delving into the details of its priority-setting provisions. In addition to providing an overview of the ACA’s provisions concerning priority setting and their developing interpretations,this Article attempts to defend three substantive propositions.

First, I argue that the ACA is neither uniformly hostile nor uniformly friendly to efforts to set priorities in ways that promote cost and quality.

Second, I argue …

What Makes A Homepage Effective – Aals 2014 Presentation, Leslie R. Steinberg, Steven Barnes, Roger Skalbeck

Georgetown Law Faculty Publications and Other Works

As the approach to website development is constantly evolving to accommodate the latest technology, what are the best practices in law school home page design? Speakers will include Roger Skalbeck, author of the annual "Top 10 Law School Home Pages" ranking, who will explain the methodology, analysis and trends related to the study, and Steven Barnes, who will share the award-winning approach used at Penn Law to earn accolades from key constituencies, tie for #1 in “The Top 10 Home Pages” and earn a 2013 Webby People’s Voice Award.

Top 10 Law School Home Pages Of 2012, Roger V. Skalbeck, Matthew L. Zimmerman

Georgetown Law Faculty Publications and Other Works

For a fourth consecutive year, every website home page of every ABA-accredited law school is evaluated and ranked based on objective criteria. The goal is to identify well-executed sites adopting best practices. For the 2012 report, twenty-six elements are evaluated across these three categories: Design Patterns and Metadata, Accessibility and Validation, & Marketing and Communications. For 2012, there are four new elements, two prior elements have been combined, and one element was dropped.

For 2012, forty-six schools now use the HTML5 doctype, which is up from thirteen in 2011 and just one in 2010. Eighteen schools achieve perfect scores in …

Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

Despite the imposition of increasingly substantial fines and recently successful efforts to impose individual liability on corporate executives under the Park doctrine, punishing pharmaceutical companies and their executives for unlawful promotional activities has not been as successful in achieving compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) as the protection of the public health demands. Over the past decade, the Food and Drug Administration (FDA) and the Department of Justice (DOJ) have shifted their focus from correction and compliance to a more punitive model when it comes to allegedly unlawful promotion of pharmaceuticals. The shift initially focused …

A Natural Experiment: Asset Manager Liability, Cally Jordan

Faculty Papers & Publications

It is a natural experiment: two highly integrated national economies, sharing a vast continent, a common language and hundreds of years of common experience. They are bound by a free trade agreement which has fostered strong trade flows in goods, services and capital. Yet, in important respects, the structural characteristics of their financial institutions, and the regulatory framework in which they operate, are different, so different in fact, that one country has been crippled for several years now by the global financial crisis and the other has emerged virtually unscathed. The countries, of course, are Canada and the United States. …

Cadbury Twenty Years On, Cally Jordan

Faculty Papers & Publications

This year marks the twentieth anniversary of the publication of the Cadbury Report, one of the most significant events in modern corporate governance. The Cadbury Report, and its simple two page 'best practices', triggered a global debate on corporate governance. 'Cadbury' codes of corporate governance spread like wildfire. The legacy of the Cadbury Report lives on in the UK with no diminution in the appeal of its voluntary code/comply or explain approach to corporate governance. But there are several clouds looming on the horizon. Comply or explain and voluntary codes of corporate governance appear to have run their course elsewhere …

Top 10 Law School Home Pages Of 2011, Roger Skalbeck

Georgetown Law Faculty Publications and Other Works

For the third consecutive year, the website home pages for all ABA-accredited law schools are evaluated and ranked based on objective criteria. For 2011, law school home pages advanced in some areas. For instance, there are now thirteen sites using the HTML5 doctype, up from a single site in 2010. In addition, seventeen schools achieved a perfect score for three tests focused on website accessibility, up from eight in 2010. Nonetheless, there’s enough diversity in coding practices and content to help separate the great from the good.

For this year’s survey, twenty-four elements of each home page are assessed across …

Savannah, Georgia, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Savannah, Georgia.

Seattle, Washington, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Seattle, Washington.

Rochester, Minnesota, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Rochester, Minnesota.

Chandler, Arizona, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Chandler, Arizona.

Press Release, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The press release for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

List Of Speakers, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of Speakers for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

Presentation: Presser, Harriet B. Presser

Conferences, Panels, and Events

Presentation by Harriet B. Presser on Working in a 24/7 Economy: Challenges for American Families, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gerson & Jacobs, Jerry A. Jacobs, Kathleen Gerson

Conferences, Panels, and Events

Presentation by Jerry A. Jacobs and Kathleen Gerson on The Time Divide: Work, Family, and Gender Inequality, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gornick & Meyers, Janet C. Gornick, Marcia K. Meyers

Conferences, Panels, and Events

Presentation by Janet C. Gornick, City University of New York and Marcia K. Meyers, University of Washington on Families That Work: Policies for Reconciling Parenthood and Employment, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Selected Events On Workplace Flexibility In The Federal Government, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Selected events on Workplace Flexibility in the federal government from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix F: "A Sampling Of Government Reports On Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A Sampling of Government Reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix E: "Telecommuting: A Case Study In Public Policy Approaches", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Telecommuting: A Case Study in Public Policy Approaches from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix D: "Some Background Information On Workplace Flexibility In Federal Agencies", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Some background information on Workplace Flexibility in federal agencies from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix C: "The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa)", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

'Dear Colleague' Letter, Mike Dewine, Christopher J. Dodd

Briefings, Hearings, and Congressional Study Group

'Dear Colleague' letter for the September 2006 briefing on "Children's Well-Being and the Role of Workplace Flexibility for Parents" event.

Prepared on behalf of Workplace Flexibility 2010 by Senator Mike DeWine and Senator Christopher J. Dodd.

Letter Of Invitation To A Briefing On Meeting The Needs Of Today's Families: The Role Of Workplace Flexibility, Lamar Alexander, Hillary Rodham Clinton

Briefings, Hearings, and Congressional Study Group

Letter of Invitation to a briefing on Meeting the Needs of Today's Families: The Role of Workplace Flexibility, held April 25, 2006.

Testimony Of Chai R. Feldblum, Chai R. Feldblum

Briefings, Hearings, and Congressional Study Group

Testimony of Chai R. Feldblum, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Beyond Mystiques And Mismatches: Unpacking Retirement And Work, Phyllis Moen Phd

Briefings, Hearings, and Congressional Study Group

Beyond Mystiques and Mismatches: Unpacking Retirement and Work, An Issue Brief Prepared by Phyllis Moen for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Remarks On What An Aging Workforce Can Teach Us About Workplace Flexibility, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

Remarks on What an Aging Workforce Can Teach Us About Workplace Flexibility, An Issue Brief Prepared by Robert B. Hudson, PhD, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Perspectives: Aligning Business Needs With Older Workers' Preferences And Priorities, Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Briefings, Hearings, and Congressional Study Group

Perspectives: Aligning Business Needs with Older Workers’ Preferences and Priorities An Issue Brief Prepared by Marcie Pitt-Catsouphes and Michael A. Smyer for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.