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Merging Innovation Into Antitrust Agency Enforcement Of The Clayton Act, Hillary Greene Jan 2015

Merging Innovation Into Antitrust Agency Enforcement Of The Clayton Act, Hillary Greene

Faculty Articles and Papers

The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The respective merger guidelines issued by the Department of Justice and the Federal Trade Commission did not consider potential impacts on innovation or research and development until 1982, and then only in passing. By contrast, their joint 2010 Horizontal Merger Guidelines devote an entire section to innovation issues. This Essay examines both the frequency and manner with which the Antitrust Agencies invoke innovation-based concerns within their respective merger challenges from 2004-2014. It …


Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman Jan 2015

Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman

Faculty Articles and Papers

Asymmetric information makes the behavior of insurance markets very difficult to predict. But this Article argues that the increasing use of Big Data by insurers will not result in forecasts of loss that are so accurate that they eliminate uncertainty, and with it, the possibility of insurance. Big Data techniques might lead to a 'flip" in informational asymmetry, resulting in a situation in which insurers know more about their customers than the latter know about themselves. But the effects of such a development could actually be benign. Finally, the Article considers the potential for Big (or at least, More) Data …


Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol Jan 2015

Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol

Faculty Articles and Papers

Herbert Hovenkamp has had a tremendous impact in antitrust scholarship. With over 4000 citations in the WestlawJLR database (most of which are for his antitrust scholarship), Hovenkamp is one of the most cited scholars in legal academia and has been recognized by the legal academy and the bar for his contribution to antitrust.' Hovenkamp's total citations are in part a function of his academic outputs; with 12 books (including monographs, edited books, and case books), plus the two-volume treatise on IP and Antitrust and the 2 i-volume Antitrust Law: An Analysis of Antitrust Principles and Their Application ("Treatise"), Hovenkamp could …


Presuming Damages For Unemployment Distress, Sachin Pandya Jan 2015

Presuming Damages For Unemployment Distress, Sachin Pandya

Faculty Articles and Papers

A person is illegally fired and, as a result, becomes unemployed for a period of time. If that person wins a lawsuit based on that illegal firing, she can typically recover what she would have earned in wages during that time, as well as reasonable expenses she incurred to search for a new job. Involuntary unemployment, however, also causes people to lose psychological well-being, because they are forced to suffer the experience of being unemployed while they look for a new job. That loss ("unemployment distress") can range in severity from feelings of anxiety and humiliation to severe depression. Accordingly, …


Muzzling Antitrust: Information Products, Innovation And Free Speech, Hillary Greene Jan 2015

Muzzling Antitrust: Information Products, Innovation And Free Speech, Hillary Greene

Faculty Articles and Papers

How well does the American legal system balance the diverse values society espouses? Courts must often navigate values that are not consistent, commensurate, or subject to ordinal ranking. This article examines the confluence of incommensurate values within the important context of antitrust challenges to information product redesigns (e.g., Google, Nielsen). The information economy has given rise to the emergence of powerful firms in the business of information products. Some of these firms have had product redesigns challenged as anticompetitive. This article examines two defenses to these challenges. First, the products constitute protected speech and should be immunized entirely from antitrust …


Education-As-Inheritance Crowds Out Education-As-Opportunity, Palma Joy Strand Jan 2015

Education-As-Inheritance Crowds Out Education-As-Opportunity, Palma Joy Strand

Saint Louis University Law Journal

No abstract provided.


Net (Race) Neutral: An Essay On How Gpa + (Reweighted) Sat – Race = Diversity, Chris Chambers Goodman Jan 2015

Net (Race) Neutral: An Essay On How Gpa + (Reweighted) Sat – Race = Diversity, Chris Chambers Goodman

Saint Louis University Law Journal

No abstract provided.


Schuette V. Coalition To Defend Affirmative Action: The Majority’S Tyranny Toward Unequal Educational Opportunity, Laura Mcneal Jan 2015

Schuette V. Coalition To Defend Affirmative Action: The Majority’S Tyranny Toward Unequal Educational Opportunity, Laura Mcneal

Saint Louis University Law Journal

No abstract provided.


The Hallowed Hope: The School Prayer Cases And Social Change, Lauren Maisel Goldsmith, James R. Dillon Jan 2015

The Hallowed Hope: The School Prayer Cases And Social Change, Lauren Maisel Goldsmith, James R. Dillon

Saint Louis University Law Journal

No abstract provided.


A Contract Theory Of Academic Freedom, Philip Lee Jan 2015

A Contract Theory Of Academic Freedom, Philip Lee

Saint Louis University Law Journal

No abstract provided.


Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt Lesley Black Jr. Ph.D. Jan 2015

Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt Lesley Black Jr. Ph.D.

Saint Louis University Law Journal

No abstract provided.


Show-Me The Sun: How Missouri Can Support Its Commitment To Renewable Sources Of Energy Through Preemption Of Local Zoning Ordinances, Joyce Lafontain Jan 2015

Show-Me The Sun: How Missouri Can Support Its Commitment To Renewable Sources Of Energy Through Preemption Of Local Zoning Ordinances, Joyce Lafontain

Saint Louis University Law Journal

No abstract provided.


Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein Jan 2015

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Saint Louis University Law Journal

No abstract provided.


Teaching Interpretation And Structure Of The Revised Uniform Partnership Act: Moren Ex Rel. Moren V. Jax Restaurant And The Duty Of Indemnification, George M. Cohen Jan 2015

Teaching Interpretation And Structure Of The Revised Uniform Partnership Act: Moren Ex Rel. Moren V. Jax Restaurant And The Duty Of Indemnification, George M. Cohen

Saint Louis University Law Journal

No abstract provided.


Untangling The Mystery Of Teaching Business Organizations, Susan Pace Hamill Jan 2015

Untangling The Mystery Of Teaching Business Organizations, Susan Pace Hamill

Saint Louis University Law Journal

No abstract provided.


Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers, Alicia J. Davis Jan 2015

Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers, Alicia J. Davis

Saint Louis University Law Journal

No abstract provided.


Transforming Trepidation Into Transactional Lawyering, John H. Matheson Jan 2015

Transforming Trepidation Into Transactional Lawyering, John H. Matheson

Saint Louis University Law Journal

No abstract provided.


University Of Texas Southwestern Medical Center V. Nassar: The Supreme Court’S “Heads The Employer Wins, Tails The Employee Loses” Decision, Jenna Hueneger Jan 2015

University Of Texas Southwestern Medical Center V. Nassar: The Supreme Court’S “Heads The Employer Wins, Tails The Employee Loses” Decision, Jenna Hueneger

Saint Louis University Law Journal

No abstract provided.


Who’S The Boss: The Definition Of A Supervisor In Workplace Harassment Under Vance V. Ball State University, Scott D. Meyers Jan 2015

Who’S The Boss: The Definition Of A Supervisor In Workplace Harassment Under Vance V. Ball State University, Scott D. Meyers

Saint Louis University Law Journal

No abstract provided.


Federalism And Nationalism: Time For A Détente?, Heather K. Gerken Jan 2015

Federalism And Nationalism: Time For A Détente?, Heather K. Gerken

Saint Louis University Law Journal

No abstract provided.


Nationalism As The New Federalism (And Federalism As The New Nationalism): Complementary Account (And Some Challenges) To The Nationalist School, Abbe R. Gluck Jan 2015

Nationalism As The New Federalism (And Federalism As The New Nationalism): Complementary Account (And Some Challenges) To The Nationalist School, Abbe R. Gluck

Saint Louis University Law Journal

No abstract provided.


The States As National Agents, Gillian E. Metzger Jan 2015

The States As National Agents, Gillian E. Metzger

Saint Louis University Law Journal

No abstract provided.


The New Governancism?, Mark D. Rosen Jan 2015

The New Governancism?, Mark D. Rosen

Saint Louis University Law Journal

No abstract provided.


Federalism As A Problem Of Governance, Not Of Doctrinal Warfare, Edward L. Rubin Jan 2015

Federalism As A Problem Of Governance, Not Of Doctrinal Warfare, Edward L. Rubin

Saint Louis University Law Journal

No abstract provided.


Federalism, Democracy, And The Challenge Of Ferguson, Samuel P. Jordan Jan 2015

Federalism, Democracy, And The Challenge Of Ferguson, Samuel P. Jordan

Saint Louis University Law Journal

No abstract provided.


Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan Jan 2015

Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan

Saint Louis University Law Journal

No abstract provided.


Meramec River Killing: State V. Crocker And Missouri’S First Foray Into The National Debate On Self-Defense, Vince K. Heitholt Jan 2015

Meramec River Killing: State V. Crocker And Missouri’S First Foray Into The National Debate On Self-Defense, Vince K. Heitholt

Saint Louis University Law Journal

No abstract provided.


Diffusing Deadly Situations: How Missouri Could Effectively Remove Firearms From The Hands Of Domestic Abusers, Liz Washam Jan 2015

Diffusing Deadly Situations: How Missouri Could Effectively Remove Firearms From The Hands Of Domestic Abusers, Liz Washam

Saint Louis University Law Journal

No abstract provided.


Human Trafficking: Understanding The Law And Deconstructing Myths, John Cotton Richmond Jan 2015

Human Trafficking: Understanding The Law And Deconstructing Myths, John Cotton Richmond

Saint Louis University Law Journal

No abstract provided.


Mandated Corporate Responsibility For Human Trafficking: New Federal Acquisition Regulation Steps Up Supply Chain Accountability, Lyndsey Conrad, Cynthia Cordes, Christopher Budke Jan 2015

Mandated Corporate Responsibility For Human Trafficking: New Federal Acquisition Regulation Steps Up Supply Chain Accountability, Lyndsey Conrad, Cynthia Cordes, Christopher Budke

Saint Louis University Law Journal

No abstract provided.