Law Commons^™

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …

Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu

Scholarly Publications

Increasing concern about economic inequality has coincided with an unsettling ascendancy of some large, technologically integrated “super-firms,” which have grabbed large market shares in multiple markets, and cast doubt upon the future viability of a wide range of businesses, many of which have been important local and regional employers. It is thus unsurprising that these two trends have knocked together in public discourse, and that antitrust law been proposed as one way of helping to remedy economic inequality. This essay notes that antitrust law is generally a poor fit for reducing economic inequality, but one aspect is worthy of note: …

Innovation And Reverse Payments, Ramsi A. Woodcock

Florida State University Law Review

Settlements of patent litigation between branded and generic drug makers that include a promise by the generic maker to stay out of the market, sometimes in exchange for a ‘reverse’ payment, increase the profits of drug makers at the expense of consumers. Some commentators argue that drug makers will invest these profits in innovation, ultimately making consumers better off. Drug market data suggest, however, that the resulting gains to consumers may still be insufficient to offset consumer losses from delayed access to generics. Even when innovation is taken into account, antitrust can most efficiently eliminate the risk of consumer harm …

Consent Of The Governed Or Consent Of The Government? The Problems With Consent Decrees In Government-Defendant Cases, Michael T. Morley

Scholarly Publications

Consent decrees raise serious Article III concerns. When litigants agree on their rights and jointly seek the same relief from a court, they are no longer adverse and a justiciable controversy no longer exists between them. In the absence of an actual controversy between opposing parties, it is both inappropriate and unnecessary for a court to issue a substantive order declaring or modifying the litigants' rights. Whether Article Ill's adverseness requirement is seen as jurisdictional or prudential, federal courts should decline to issue consent decrees and instead require litigants that wish to voluntarily resolve a case to execute a settlement …

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Expansion Of Sec Authority Into Internal Corporate Governance: The Accounting Provisions Of The Foreign Corrupt Practices Act (A Twentieth Anniversary Review), Kathleen A. Lacey, Barbara Crutchfield George

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Expropriation Of Alien Property And The Principle Of Non-Discrimination In International Law Of Foreign Investment: An Overview, A. F. M. Maniruzzaman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Helms-Burton Act: Inconsistency With International Law And Irrationality At Their Maximum, Luisette Gierbolini

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Legal Are Jordan's Oil Imports From Iraq?, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Ploys Of Summer: Antitrust, Industrial Distrust, And The Case Against A Salary Cap For Major League Baseball, Christopher D. Cameron, J. Michael Echevarría

Florida State University Law Review

No abstract provided.

Antitrust Law In Jamaica: The Fair Competition Act Of 1993, Derrick Mckoy

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Tampa Bay Giants And The Continuing Validity Of Major League Baseball's Antitrust Exemption: A Review Of Piazza V. Major League Baseball, 831 F.Supp. 420 (E.D. Pa. 1993), Latour Rey Lafferty

Florida State University Law Review

No abstract provided.

The Essential Facility Doctrine And The Health Care Industry, Scott D. Makar

Florida State University Law Review

No abstract provided.

Antitrust Immunity Under Florida's Certificate Of Need Program, Scott D. Makar

Florida State University Law Review

No abstract provided.

The Individual Coercion Doctrine And Tying Agreements: An Economic Analysis, Roger D. Blair, Jeffrey Finci

Florida State University Law Review

No abstract provided.

Connell Construction Company V. Plumbers Local 100: New Limits On Labor's Antitrust Immunity?, Mary Applegate

Florida State University Law Review

No abstract provided.