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Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane Oct 2007

Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane

Washington and Lee Law Review

Antitrust law is moving away from rules (ex ante, limited factor liability determinants) and toward standards (ex post, multi-factor liability determinants). This movement has important consequencesfor the structure of antitrust adjudication, including shifting ultimate decision-making down the legal hierarchy (in the direction ofjuries, trial courts sitting as factfinders, and administrative agencies) and increasing the importance of economic experts. The efficiency consequences of this trend are often negative. Specifying liability determinants as open-ended, unpredictable standards increases litigation costs, chills socially beneficial industrial practices, allocates decisionmaking on microeconomic policy to unqualified juries, andfacilitates strategic misuse of antitrust litigation by rent-seeking competitors. Instead …


The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright Sep 2007

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright

Washington and Lee Law Review

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …


Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad Sep 2007

Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad

Washington and Lee Law Review

Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …


Bias Arbitrage, Amitai Aviram Jun 2007

Bias Arbitrage, Amitai Aviram

Washington and Lee Law Review

The production of law-including the choice of a law's subject matter, the timing of its enactment and the manner in which it is publicized and perceived by the public-is significantly driven by an extra-legal market in which politicians and private parties compete over the opportunity to engage in bias arbitrage. Bias arbitrage is the extraction of private benefits through actions that identify and mitigate discrepancies between actual risks and the public's perception of the same risks. Politicians arbitrage these discrepancies by enacting laws that address the misperceived risk and contain a "placebo effect"--a counter-bias that attempts to offset the pre-existing …


Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady Jun 2007

Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady

Washington and Lee Law Review

No abstract provided.


The Failure Of Economic Interpretations Of The Law Of Contract Damages, Nathan B. Oman Jun 2007

The Failure Of Economic Interpretations Of The Law Of Contract Damages, Nathan B. Oman

Washington and Lee Law Review

The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …


"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells Jun 2007

"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells

Washington and Lee Law Review

Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …


Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond Mar 2007

Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond

Washington and Lee Law Review

No abstract provided.


The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill Mar 2007

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill

Washington and Lee Law Review

No abstract provided.


Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

Washington and Lee Law Review

No abstract provided.


The Constitution In A Postmodem Age, Calvin Massey Jan 2007

The Constitution In A Postmodem Age, Calvin Massey

Washington and Lee Law Review

No abstract provided.