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Bidder Collusion And Antitrust Law: Refining The Analysis Of Price Fixing To Account For The Special Features Of Auction Markets, Robert C. Marshall, Michael J. Meurer

Faculty Scholarship

Courts and commentators have painstakingly analyzed antitrust policy toward horizontal price fixing, but surprisingly, one of the most common forms of price fixing--bidder collusion-has escaped the sustained attention of antitrust lawyers. We attribute this inattention to the mistaken belief that the economics of bidder collusion is essentially equivalent to the economics of price fixing in posted-price markets. However, there are significant differences regarding the economics of collusion in auction and procurement markets as compared to posted-price markets, and we derive antitrust policy recommendations that apply specifically to bidder collusion in this article.

Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein

Scholarly Works

No abstract provided.

Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn

Scholarly Works

In the second half of the twentieth century, America's cities and suburbs were engulfed by suburban sprawl - the movement of people (especially middle-class families) and jobs from older urban cores to newer, less densely populated, more automobile-dependent communities generally referred to as suburbs. Cities throughout America lost population to their outlying suburbs, and cities that gained population usually did so only because they were able to annex those suburbs. America's suburban revolution has not left Jewish communities unscathed. For example, the city of Newark, New Jersey, contained 58,000 Jews and thirty-four synagogues in the 1940s, but today has only …

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Scholarly Works

No abstract provided.

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin

Scholarly Works

No abstract provided.

Treaty Governance, Intellectual Property And Biodiversity, John Linarelli

Scholarly Works

When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Dooley

Scholarly Works

The quintessential distinguishing feature of the American criminal justice system is the jury. Juries representative of their communities perform the interrelated functions in criminal trials of rendering verdicts that reflect a sense of community justice and giving normative content to the law. When those functions are successfully performed, the jury lends legitimacy to the criminal justice system, bolstering public confidence in the extant rule of law.

Yest the criminal jury's validating functions are critically dependent on its own legitimacy, which in turn requires an examination of two key questions. First, what constitutes a "representative" jury, and second, what is the …

Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Journal of Dispute Resolution

One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work

Damages As Narrative, Melody Richardson Daily

Journal of Dispute Resolution

Let's begin with a thought experiment. Imagine that the year is 2030 and you are a successful attorney. One day you receive a call from a legal scholar who tells you that she is writing a book about legal education at the beginning of the twenty-first century, and she invites you to contribute a chapter. She explains that your chapter should be twenty to thirty pages long, but that the content is entirely up to you. Because you enjoy writing, you agree to write the chapter.

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

Journal of Dispute Resolution

The two mediations in the book Damages, illuminate much about mediation in today's litigation environment - even though they took place in 1993 and each was, in its own way, quite unusual. for that reason - and because we have few good detailed descriptions of real mediations - I have used these two mediations to teach in a variety of settings. First, they served as one of several focuses in the course based on this book, called Damages: A Case Study, that we taught at the University of Missouri-Columbia, School of Law in the winter 2002 and 2003 semesters. In …

Insurance Aspects Of Damages, The, Douglas R. Richmond, Robert H. Jerry Ii

Journal of Dispute Resolution

"[I]t is difficult ... to imagine an event or transaction that does not involve insurance in some way."' So it is with the most salient event in the lives of Tony and Donna Sabia, whose son Tony John Sabia, or "Little Tony," was born with profound disabilities. In the final analysis, the ability of Tony and Donna to pay for the future medical care and living expenses needed by their son depends on whether they can reach the liability insurance coverage possessed by the health care providers who attended Donna and Little Tony at the time of his birth. It …

Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional, Rodney J. Uphoff

Journal of Dispute Resolution

This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholar, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.

Experiences Of Collaborative Law: Preliminary Results From The Collaborative Lawyering Research Project, Julie Macfarlane

Journal of Dispute Resolution

For more than two decades, some of the most respected scholars in the field of dispute resolution have questioned the apparently intrinsic bias of litigation against cooperative, problem-solving outcomes for clients. The continuing discussion focuses on the increasingly adversarial and "uncivil" character of much civil litigation, especially commercial litigation;' the abuse of discovery practices to extend and escalate conflict and costs; the pressure to compete rather than to cooperate when facing the uncertainty of the other side's next move (the classic prisoner's dilemma described by Mnookin and Gilson); an observed tendency towards a reduction of counseling and "deliberative wisdom" provided …

Assessing Mediator Performance: The Usefulness Of Participant Questionnaires, Roselle L. Wissler, Robert W. Rack Jr.

Journal of Dispute Resolution

As part of their obligation to provide quality services, courts that offer mediation need to periodically assess the performance of mediators to whom they refer cases. One of several methods that have been proposed for monitoring mediator quality is participant assessments of mediator performance. The present article reports an empirical study that examined attorneys' assessments of the skillfulness of mediators in a federal appellate civil medations program. The attorneys rated some of the mediators as being more skillful than others, and these differences generally remained whether or not favorable outcomes were achieved in mediation. In addition, the attorneys rated individual …

Going Dutch: Should Employees Have To Split The Costs Of Arbitration In Disputes Arising From Mandatory Employment Arbitration Agreements - Morrison V. Circuit City Stores, Inc., John F. Crawford

Journal of Dispute Resolution

Employers often require their employees to sign arbitration agreements as a condition of employment, obligating employees to submit their disputes with employers to binding arbitration. These agreements may include terms, such as cost splitting provisions, that may be advantageous to the employer, but extremely limiting to an employee seeking to enforce her statutory rights. The United States Supreme Court has yet to set out a clear position about whether an employee, by signed agreement, can be required to pay all or part of the arbitration fees and costs when the employee submits a statutory claim to arbitration. Federal district courts …

Securities Arbitration Awards Of Punitive Damages: Protective Or Expansive Steps For Review - Sawtelle V. Waddell & (And) Reed, Inc., Andrew Kopp

Journal of Dispute Resolution

An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards? This casenote addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing.

Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati

Vanderbilt Law Review

This Article is about boilerplate language located at the back of contracts drafted by the world's largest law firms. The clauses in question are process provisions that regulate the amendment of sovereign debt contracts. These paragraphs have been drafted and redrafted by generations of corporate lawyers, yet they have changed little in their broad outlines in more than a century of use. Now they take center stage in the global financial arena, where they govern billions of dollars (and pounds, euros, and yen) of sovereign debt in default and billions more in imminent risk of default. Officials, academics, and even …

Public Confidence Laws Gone Awry: A Modern Circuit Split Reveals That Some Federal Courts Manipulate Standing Rules To Promulgate Severe First Amendment Restrictions On The Spouses And Children Of Public Employees, Nicholas R. Farrell

Vanderbilt Law Review

Federal courts in the United States have consistently upheld the constitutional doctrine that "[t]he essential rights of the First Amendment in some instances are subject to the elemental need for order without which the guarantees of civil rights to others would be a mockery." Given the central role of government workers in maintaining that order, the First Amendment rights of public employees have been particularly susceptible to restriction. For example, in 1940, Congress enacted the Hatch Act, which declared unlawful certain political activities of federal employees. Specifically, section nine of the Act prohibited officers and employees in the executive branch …

The Pharmacokinetics Of Nebulized Nanocrystal Budesonide Suspension In Healthy Volunteers., Walter Kraft, Barry Steiger, Don Beussink, John N. Quiring, Nancy Fitzgerald, Howard E. Greenberg, Scott A. Waldman

Department of Medicine Faculty Papers

Nanocrystal budesonide (nanobudesonide) is a suspension for nebulization in patients with steroid-responsive pulmonary diseases such as asthma. The pharmacokinetics and safety of the product were compared to those of Pulmicort Respules. Sixteen healthy volunteers were administered nanobudesonide 0.5 and 1.0 mg, Pulmicort Respules 0.5 mg, and placebo in a four-way, randomized crossover design. All nebulized formulations were well tolerated, with no evidence of bronchospasm. Nebulization times were significantly shorter for nanobudesonide compared to Pulmicort Respules. Because of a low oral bioavailability, plasma concentration of budesonide is a good marker of lung-delivered dose. The pharmacokinetics of nanobudesonide 0.5 and 1.0 mg …

Running Head: Trademark Law And Keyword Advertising, Elizabeth Warner

Theses

The growth of the Internet as a commercial medium has brought about new concerns in terms of the future of intellectual property law. The newest form of advertising, keyword advertising, has created much controversy within the legal system. In the latest case, Google, Inc. v. American Wallpaper and Blind Factory, Google has requested that courts make a decision as to what constitutes infringement in terms of the sale of keywords for advertising on the Internet. The case is still in pending process. Through an economic analysis of trademarks and advertising on the Internet, this paper seeks to demonstrate that the …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law deciding the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence," that category of evidence that purports to illustrate other evidence rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional …

Forcible Medication For Courtroom Competence: The Case Of Charles Sell, George J. Annas

Faculty Scholarship

The right to refuse treatment is firmly recognized in U.S. law. Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.

American Bioethics And Human Rights: The End Of All Our Exploring, George J. Annas

Faculty Scholarship

In his compelling novel Blindness, José Saramago tells us about victims stricken by a contagious form of blindness who were quarantined and came to see themselves as pigs, dogs, and “lame crabs.” Of course, they were all human beings - although unable to perceive themselves, or others, as members of the human community. The disciplines of bioethics, health law, and human rights are likewise all members of the broad human rights community, although at times none of them may be able to see the homologies, even when responding to a specific health challenge.

The boundaries between bioethics, health law, and …

Politics, Morals And Embryos, George J. Annas, Sherman Elias

Faculty Scholarship

Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …

The Abcs Of Global Governance Of Embryonic Stem Cell Research: Arbitrage, Bioethics And Cloning, George J. Annas

Faculty Scholarship

Symposium: Stem Cell Research and Human Cloning: Where Do We Draw the Line: Symposium Transactions

Thank you for that introduction, which reminds me that I used to do regulatory work for the Commonwealth of Massachusetts, primarily as a member of the Board of Registration in Medicine, and we had real regulations, real law, that could be enforced. What I am going to talk about today is not "fake law," but a kind of law that is often seen as more like ethics-international law. There is really no such thing as global bioethics governance, but I would like to think that …

Reparations And Equal Opportunity, David B. Lyons

Faculty Scholarship

This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government’s role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government’s duty to insure equal opportunity for our society’s children and, most urgently, by corrective justice, because the inequities are attributable …

A Framework For Reparations Claims, Keith N. Hylton

Faculty Scholarship

These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a "doing justice" model, which involves seeking compensation in important cases of uncorrected uncompensated injustice, and a "social welfare" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than social welfare-based claims.

Extremely Preterm Birth And Parental Authority To Refuse Treatment: The Case Of Sidney Miller, George J. Annas

Faculty Scholarship

Disputes between physicians and patients over medical care have tended toward resolution in both the courts and ethics committees, with each of these bodies ultimately deciding that the informed, competent patient must be the final decision maker. Parents, too, have the authority to make medical decisions for their children, but these decisions can be challenged if physicians do not believe they are medically reasonable. One bioethical issue, however, is as intractable today as it was 30 years ago, when it began to be publicly discussed: the extent of parental authority to refuse life-sustaining medical treatment for an extremely premature infant. …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …