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Articles 1 - 30 of 30
Full-Text Articles in Law
Nonprofit Governance: The Basics, Lawrence J. Trautman, Janet Ford
Nonprofit Governance: The Basics, Lawrence J. Trautman, Janet Ford
Akron Law Review
Nonprofit organizations are prevalent in today’s economy, and many are governed by individuals who have been chosen on the basis of their advocacy of or contributions to various nonprofit causes rather than on the basis of business experience or acumen. Yet effective nonprofit governance, while presenting concerns unique to nonprofits, also presents many of the same concerns as does governance of for-profit entities. This article seeks to provide a primer for nonprofit organizations that need to recruit effective governance talent. First, we discuss the nature of nonprofits, their impact on the business landscape, and their similarities to and differences from …
Intersection Between The Patent System And Antitrust Laws: Patents Speeding, Antitrust Yielding, Innovation Bleeding!, Stijepko Tokic
Intersection Between The Patent System And Antitrust Laws: Patents Speeding, Antitrust Yielding, Innovation Bleeding!, Stijepko Tokic
Akron Intellectual Property Journal
In this article, I explain the interaction between the two laws and describe the ways in which these two extremely important areas of government regulation are and are not in tension. I argue that the conflict between the two laws is overstated, but the proper balance is far from being found. The reason for that is a notion that the current state of the patent system is more of a hindrance than a spur to innovation and competition due to overprotection and broadening of patent rights, lowering of standards to grant patents, chronic inefficiency of the Patent and Trademark Office …
Permissible Product Hopping: Why A Per Se Legal Rule Barring Antitrust Liability Is Necessary To Protect Future Innovation In The Pharmaceutical Industry, Michelle L. Ethier
Permissible Product Hopping: Why A Per Se Legal Rule Barring Antitrust Liability Is Necessary To Protect Future Innovation In The Pharmaceutical Industry, Michelle L. Ethier
Akron Intellectual Property Journal
Pharmaceutical product hopping is a relatively new phenomenon in which a brand-name pharmaceutical company tactically reformulates a drug and patents the reformulation in an attempt to avoid competition by a generic competitor. When viewed in the context of the HatchWaxman framework, product hopping can effectively eliminate generic competitors from the market, thereby implicating § 2 of the Sherman Act. In addressing antitrust liability, this Note advocates a per se legal approach to product hopping so long as the hop is supported by a valid patent. Although some have argued that deference to the United States Patent and Trademark Office and …
Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton
Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton
Akron Law Review
This Note proceeds in three parts. Part Two provides insight on the history and development of trust law as well as the interest in arbitration to settle trust disputes. Part Three explains the factual background, holding, and rationale of the Supreme Court of Texas in Rachal v. Reitz. Part Four analyzes the Court’s decision and its implications. This part also asserts that the Court ruled correctly by giving effect to the intent of the settlor, including the arbitration agreement in the Texas Arbitration Act, and laying the groundwork for arbitration agreements to be enforced against trustees and beneficiaries on the …
Territorial And Customer Restrictions In Franchise Agreements Under The Antitrust Laws, Donald M. Jenkins
Territorial And Customer Restrictions In Franchise Agreements Under The Antitrust Laws, Donald M. Jenkins
Akron Law Review
The growth of franchising as a marketing vehicle in the past decade has been apparent to the American consumer. Several factors have contributed to this growth. This kind of distribution system can be achieved with less capital outlay and in a shorter time span than most other distribution systems require. Some products and services gain greater consumer acceptance if they stand alone in the market place than when they are co-mingled with other products. Wholesalers in certain product lines, such as food and drugs, have found it necessary to form voluntary chains based upon franchise agreements to meet the competition …
The Present Antitrust Jungle, G. William Trivoli
The Present Antitrust Jungle, G. William Trivoli
Akron Law Review
First, a brief review of the historical framework of antitrust is presented to gain some perspective of the present problems. Second, there is a brief review of the legal and economic concepts of monopoly. Next, there is a brief discussion of two important unresolved issues of antitrust, conglomerate mergers and economic concentration. Finally, several recommendations are made for changes and improvements in antitrust to make it more effective and less cumbersome.
Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie, Barry S. Donner
Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie, Barry S. Donner
Akron Law Review
THE FOCUS OF THIS COMMENT is on recent advertisements promoting foods and drugs. Listed below are some representative ads, either recently published in magazines, or broadcast on radio or television. The question is whether they represent practices which, under the Federal Trade Commission Act, are prohibited, or should be prohibited.
International Joint Ventures And The U.S. Antitrust Laws, James R. Atwood
International Joint Ventures And The U.S. Antitrust Laws, James R. Atwood
Akron Law Review
"This paper deals with only a limited class of international joint ventures and with only one body of law. It is therefore incomplete but more manageable in scope. I address only questions under United States antitrust laws, excluding those raised by foreign or international antitrust. Also, consistent with the Symposium's topic I limit myself to joint ventures involving foreign business activities by U.S. companies. This excludes joint ventures between solely foreign firms, and those between U.S. companies and foreign entities where the locus of the venture is to be the United States. These other forms of joint ventures present competitive …
Recent Developments In International Antitrust, Joel Davidow
Recent Developments In International Antitrust, Joel Davidow
Akron Law Review
"IN THIS ERA of relative peace, many nations, including our own, are focusing more attention on important international economic issues rather than on military or political questions. These current issues include how to control abuses by multinational corporations, how to deal with commodity cartels, how to achieve a satisfactory transfer of technology to less developed nations, and how to create additional export opportunities for nations with a shortage of foreign exchange. In a broad sense, all these subjects can be viewed as involving issues of international antitrust or competition policy."
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Akron Law Review
In Daniel v. International Brotherhood of Teamsters the Seventh Circuit Court of Appeals held that the federal securities laws apply to disclosure of information regarding employee pension and profit sharing plans. In an era when disclosure of information has become mandatory and commonplace, it is not surprising that relevant information on pension plans should be disclosed to employees. The important aspect of this case is that disclosure was required under the anti-fraud provisions of the federal securities laws, rather than under the provisions of the Employee Retirement Income Security Act (ERISA). Questions concerning the Securities and Exchange Commission's jurisdiction over …
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs
Akron Law Review
This article will focus on the major problem area which has resulted from the above legislation. That problem is whether or not a savings association must register with the Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1931 or the Investment Company Act of 1940, as a consequence of acting as trustee for an IRA or Keogh plan.
Regulating State Chartered Savings Associations: An Introduction To The Ohio Scheme, Ronald E. Alexander
Regulating State Chartered Savings Associations: An Introduction To The Ohio Scheme, Ronald E. Alexander
Akron Law Review
This article is an initial effort to examine this regulator, certain of its most important policies, and the impact of those recent developments upon policy-making by the Division. Part one contains a brief overview of agency staffing, appointment and removal of the Superintendent, and the budget appropriation process. Part two examines the three most important areas of the Superintendent's regulatory authority: examinations, chartering and branching. Part three discusses the recently developed administrative procedures for rule-making by the agency.
Paradigm Of Labor-Antitrust Relations: Defining A Union's Allowable Area Of Economic Conflict, Kenneth J. Kryvoruka
Paradigm Of Labor-Antitrust Relations: Defining A Union's Allowable Area Of Economic Conflict, Kenneth J. Kryvoruka
Akron Law Review
The friction between a relaxed labor policy and the stringent antitrust laws presents a dilemma. In 1921, Chief Justice Taft noted that the purpose and effect of every labor organization is to eliminate competition in the labor market, while Learned Hand, in reflecting the national policy favoring competition, stated that: "It is possible, because of its indirect social or moral effect, to prefer a system of small producers, each dependent for his success upon his own skill and character, to one in which the great mass of those engaged must accept the direction of a few."
Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz
Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz
Akron Law Review
This article will examine the Commission's past and proposed use of the unfairness theory to justify these trade regulation rules. It is the thesis of this article that the Commission has not defined adequately the parameters of the amorphous statutory term "unfair... acts or practices" nor analyzed the term sufficiently or consistently in its application to trade regulation rules. By purposefully leaving the unfairness theory vague, the Commission invites judicial reversals of its regulations and legislative limitations on its authority.
The Antitrust Laws And The Health Industry, Robert P. Borsody
The Antitrust Laws And The Health Industry, Robert P. Borsody
Akron Law Review
"The health industry is one of the largest and fastest growing sectors of the nation's economy, yet in the past, trade regulation cases arising in this area have been disproportionately few. Today this is changing. The courts and regulatory agencies have increasingly held the attitude that if physicians and health care providers wish to reap the benefits of commercial activity they must bear the burden of competition, including trade regulation."
The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws, Cataldo L. Cammarata
The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws, Cataldo L. Cammarata
Akron Law Review
The major issues in vertical restraints involve questions of agency, resale price maintenance and territorial and customer limitations. Both the United States and the European Economic Community utilize antitrust law to regulate vertical restraints and the undesirable effects flowing therefrom. This article will assess the posture taken by antitrust law vis-a-vis vertical restraints in the United States and the Common Market and will examine the extent to which a restraint in the distribution field will be considered valid by the two systems
Private Cause Of Action Under Section 17(A) Of Securities Exchange Act Of 1934; Doctrine Of Implication; Touche Ross V. Redington, James L. Miller
Private Cause Of Action Under Section 17(A) Of Securities Exchange Act Of 1934; Doctrine Of Implication; Touche Ross V. Redington, James L. Miller
Akron Law Review
The Securities Exchange Act of 1934 is principally designed to protect investors through regulation of securities transactions on the organized exchanges and in the over-the-counter markets. In addition to the creation of the Securities and Exchange Commission as its leading enforcement mechanism, the 1934 Act provides for criminal penalties and, in certain instances, private causes of action for individuals who incur damage by others' violations of the Act. However, courts will often imply a civil cause of action for an injured party despite the absence of express statutory authorization.3 Subsequent judicial attempts to determine when supplemental civil relief can or …
Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin
Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin
Akron Law Review
This article will review and evaluate these recent principal cases, both judicial and administrative, in which single-firm refusals to deal by monopolists have been challenged under section 2 of the Sherman Act or, by analogy, under section 5 of the Federal Trade Commission Act. It will demonstrate that there is no reason to depart from conventional monopolization analysis in deciding these cases.
An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,, David E. Morris
An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,, David E. Morris
Akron Law Review
This comment will attempt to serve as an introduction to RICO, addressed to those with little or no knowledge of either its provisions and intricacies, or its potential usefulness and adaptability as a prosecution tool. The recent criticism of RICO by the American Bar Association will also be reviewed, as well as the ABA's proposed amendments to RICO. Finally, the state RICO statutes will be discussed. The advantages they offer states currently without any substantive laws dealing directly and primarily with organized and white-collar crime will be examined.
The Newspaper Preservation Act: Why It Fails To Preserve Newspapers, John P. Patkus
The Newspaper Preservation Act: Why It Fails To Preserve Newspapers, John P. Patkus
Akron Law Review
Regardless of this elaborate mechanism set up to save failing newspapers, there has been an alarming number of failures of big city papers in recent years: Washington, Philadelphia, Cleveland, and Buffalo lost newspapers since the middle of 1981 and became one-newspaper towns. In light of this apparent failure of the NPA to achieve its stated purpose of "maintaining a newspaper press editorially and reportorially independent and competitive in all parts of the United States," this article attempts to answer two questions: How has the NPA been dealt with by the courts, and how effective has the NPA been in practice?
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Akron Law Review
This Article will examine the economic structure of the professional sports industry, explore professional baseball's judicially created exemption from antitrust laws and discuss the impact of the Federal Baseball Club v. National League and subsequent decisions on the professional sports industry. Finally, this Article will demonstrate that while baseball's antitrust exemption may have been justified sixty-five years ago, it now promotes economic inefficiency and infringes upon the constitutional rights of professional baseball players to freely market their talents.
An Analysis Of The Vertical Price-Nonprice Dichotomy, John R. Allison
An Analysis Of The Vertical Price-Nonprice Dichotomy, John R. Allison
Akron Law Review
The debate concerning the appropriateness of existing antitrust standards for distribution (vertical) restrictions continues unabated. Some observers have criticized current national antitrust policy, which treats vertical price restraints (usually referred to as either resale price maintenance or vertical price fixing) as per se illegal and vertical nonprice restraints as illegal only if found unduly anticompetitive under the rule of reason, as being seriously lacking in theoretical unity. These commentators usually contend that resale price maintenance, like vertical nonprice restraints, should be judged under the rule of reason. A few have even called expressly for a rule of per se legality …
Shifting Sentiments Toward Antitrust Enforcement: The Impact Upon Antitrust Enforcement In Licensing Of Patented Technology Arrangements Containing Tying Agreements, Michael L. Jordan
Shifting Sentiments Toward Antitrust Enforcement: The Impact Upon Antitrust Enforcement In Licensing Of Patented Technology Arrangements Containing Tying Agreements, Michael L. Jordan
Akron Law Review
Nothing so drastic as the repeal of the antitrust laws has occurred. However, considerable leeway exists for changing attitudes to alter judicial interpretation and government enforcement of the relevant statutes. This comment scrutinizes one antitrust issue with potential international significance: tying arrangements in licensing of patented technology. This comment also analyzes the impact of changing attitudes on antitrust law enforcement in this area.
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford
Akron Law Review
The business aspects of professional sport dominated the media when a twenty-seven day strike disrupted the 1987 NFL football season, which included the hiring of replacement players, the filing of numerous labor charges by both the NFL Management Council (NFLMC) and the NFL Players' Association (NFLPA) and the dismal end of the strike after many players crossed the picket lines to return to play.' On the day that the NFLPA announced that the strike was over, they also shifted into their final goal line defense: the filing of an antitrust action against the National Football League (NFL) and each individual …
Antitrust Common Law: Restrictive Covenants And Reasonableness, Thomas J. Collin
Antitrust Common Law: Restrictive Covenants And Reasonableness, Thomas J. Collin
Akron Law Review
This article will review the ancillary restraint doctrine in Ohio. It will do so by focusing on the three settings in which restrictive covenants are commonly, and most frequently, used and from which the vast majority of the case law has emerged: (1) the sale of a business; (2) leasing; and (3) employment. As the following discussion will show, analysis of ancillary restraints should be uniform even though the subjects of restrictive covenants may differ.
The Beginning Of Development Of Legal Regulations Of Competition In Russia, Marina P. Bardina J.D.
The Beginning Of Development Of Legal Regulations Of Competition In Russia, Marina P. Bardina J.D.
Akron Law Review
Analyzing the legal regulation of the activity in the commodities markets, required by the Law, we begin with an examination of provisions on prevention, restriction and prohibition of monopolistic activity. Monopolistic activity is defined by the Law as action or inaction of business entities or state bodies, that contradict the Law and are directed at barring, restricting or distorting competition and/or causing losses to the consumers
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union, Richard Scheelings, Joshua D. Wright
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union, Richard Scheelings, Joshua D. Wright
Akron Law Review
The argument of this paper is simple: from an economic policy point of view, there is nothing special about market power on the buyer side of markets. In particular, we reject the contention that retail sector buying power requires different treatment from antitrust authorities compared to other sectors in the economy. Likewise, we find arguments contending that ‘buyer power’ requires that new or different laws be enacted or judicially developed ultimately unpersuasive. This paper is divided into three parts. Part I summarizes the relevant economics of buyer power, and more generally, monopsony. Part II compares the relevant antitrust treatment, in …
Why Martha Stewart Did Not Violate Rule 10b-5: On Tipping, Piggybacking, Front-Running And The Fiduciary Duties Of Securities Brokers©, Ray J. Grzebielski
Why Martha Stewart Did Not Violate Rule 10b-5: On Tipping, Piggybacking, Front-Running And The Fiduciary Duties Of Securities Brokers©, Ray J. Grzebielski
Akron Law Review
This article will set out to show that Martha Stewart did not engage in insider trading. First, the article will present the legal standards for insider trading. Then, the article will examine whether Martha Stewart received an improper tip from Sam Waksal, the president of ImClone and a personal friend of Martha Stewart. The article will then proceed to look at whether Martha Stewart’s knowledge of Waksal’s attempted trading constituted material nonpublic information on which she improperly traded. Lastly, the article will examine whether Peter Bacanovic’s breach of Merrill Lynch’s confidentiality policy in telling Martha Stewart of another customer’s trading …
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Robert L Tucker
No abstract provided.