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On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
Cleveland State Law Review
This Essay considers whether the Roberts Court would now overrule the last bastion of the Harvard School-the rule against product tying-if given the opportunity. The economic arguments against per se treatment of tie-ins apply a fortiori to those against resale price maintenance. In addition, applying the line of thought followed by the majority in Leegin leads inexorably to the conclusion that the per se rule proscribing tying arrangements should be similarly overruled. Part II explains the business practice of resale price maintenance and the law's formerly mistaken understanding of its consequences. The Leegin case will then be introduced and compendiously …
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
Cleveland State Law Review
One cannot study the history of antitrust law without running headlong into the opinions of Associate Justice William 0. Douglas. In his thirty-six years on the Supreme Court, he authored thirty-five majority opinions and nearly as many dissenting or concurring opinions in cases involving antitrust questions or issues. It is quite probable that Justice Douglas authored more antitrust opinions, both for the majority and in dissent, than any Supreme Court justice in history. This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that …