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Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane
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 …
I Accept The Terms In This Agreement: Market Efficiency In Clickwrap Agreements And Open Source Software, Patrick J. Mondi
I Accept The Terms In This Agreement: Market Efficiency In Clickwrap Agreements And Open Source Software, Patrick J. Mondi
Seventh Circuit Review
Judge Easterbrook of the U.S. Court of Appeals for the Seventh Circuit has become an unlikely force in software licensing issues. His application of law and economics has benefited consumers and promulgated software innovation. In upholding clickwrap licensing agreements within the context of copyright law, the floodgates were opened for sister circuits to do the same. Judge Easterbrook later applied this reasoning and further advanced his policies in a case about an "in the box" warranty of a computer purchase. Through this jurisprudence, open source software has flourished and thrived, largely through clickwrap agreements. The benefits to consumers and to …
Duopolies, Restrictions, And Content Regulation: How Much Access Are We Really Getting From Broadband Internet Access, Tramanh Phi
Duopolies, Restrictions, And Content Regulation: How Much Access Are We Really Getting From Broadband Internet Access, Tramanh Phi
Santa Clara Law Review
No abstract provided.