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Full-Text Articles in Law

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin Dec 1963

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin

Michigan Law Review

The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.


Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood Dec 1963

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …


Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin Dec 1963

Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin

Michigan Law Review

A Review of Business Aspects of Pricing Under the Robinson-Patman Act (Trade Regulation Series). By Albert E. Sawyer


The Great Price Conspiracy, By John Herling, William H. Andrews Oct 1963

The Great Price Conspiracy, By John Herling, William H. Andrews

Indiana Law Journal

No abstract provided.


Recent Cases, Law Review Staff Oct 1963

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act


Workable Competition And Antitrust Policy, By George F. Stocking; Competition As A Dynamic Process, By Maurice Clark; Competition And Monopoly, By Mark S. Massel, Ralph F. Fuchs Jul 1963

Workable Competition And Antitrust Policy, By George F. Stocking; Competition As A Dynamic Process, By Maurice Clark; Competition And Monopoly, By Mark S. Massel, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


Trade Regulation -- 1962 Tennessee Survey, Leo J. Raskind Jun 1963

Trade Regulation -- 1962 Tennessee Survey, Leo J. Raskind

Vanderbilt Law Review

In Hogue v. Kroger, a retail grocer sought a declaratory judgment, under the Dairy Law of 1961, of his right to reduce the seding price of his milk (ex-trading stamps) below the statutory price by the amount of the cost of the trading stamps to a stamp-dispensing competitor. The commissioner of agriculture opposed this practice. Being responsible under the statute for enforcing compliance with the statutory price, the commissioner answered, coupling with his answer a cross-bill seeking to enjoin further sales by Hogue at the reduced cash price. The supreme court affirmed a denial of the commissioner's injunction and remanded …


The Gasoline Price Wars: A Case Study Of The Shortcomings Of The Mandatory Processes Apr 1963

The Gasoline Price Wars: A Case Study Of The Shortcomings Of The Mandatory Processes

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Voluntary Compliance: An Adjunct To The Mandatory Processes Apr 1963

Voluntary Compliance: An Adjunct To The Mandatory Processes

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs Apr 1963

Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Enforcement, Voluntary Compliance, And The Federal Trade Commission, Daniel Jay Baum, Eugene R. Baker Apr 1963

Enforcement, Voluntary Compliance, And The Federal Trade Commission, Daniel Jay Baum, Eugene R. Baker

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Effective Guidance Through Cease And Desist Orders: The T-V Commercial Apr 1963

Effective Guidance Through Cease And Desist Orders: The T-V Commercial

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Interstate Dissemination Of Advertising: Jurisdiction Which Must Be Earned Apr 1963

Interstate Dissemination Of Advertising: Jurisdiction Which Must Be Earned

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster Apr 1963

Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster

William & Mary Law Review

No abstract provided.


Market Definition And Antitrust Policy, George R. Hall Mar 1963

Market Definition And Antitrust Policy, George R. Hall

Washington and Lee Law Review

No abstract provided.


Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed. Mar 1963

Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.

Michigan Law Review

The emergence of chain stores and mail-order houses in the 1920's posed a new threat to competition; this time at the retail level. The quantity purchase discounts which large buyers could exact placed the small independent merchant at a competitive disadvantage so substantial as to cast doubt upon his continued presence in the competitive picture. To prevent these competitive advantages, which were felt to be unfair and undesirable, Congress, in 1936, passed the Robinson-Patman Act which, in part, amended section 2 of the Clayton Act. The effect of the amendment was to tighten the application of the quantity purchase defense …


The Doctrine Of Judicial Ratification, Lee Loevinger Jan 1963

The Doctrine Of Judicial Ratification, Lee Loevinger

Kentucky Law Journal

No abstract provided.


Five Thousand Dollars A Day, H. Thomas Austern Jan 1963

Five Thousand Dollars A Day, H. Thomas Austern

Kentucky Law Journal

No abstract provided.


Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda Jan 1963

Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda

Cleveland State Law Review

However, the trend to apply United States antitrust laws to international trade agreements has given rise to another important question, namely the jurisdictional problem of antitrust laws. Many people, both in this country and abroad, criticized this trend as an abuse of power and invasion of foreign sovereignty. The objective of this paper is, therefore, to analyze the underlying theories of jurisdiction with respect to antitrust laws and to discover the existing jurisdictional limitations imposed by the courts on themselves.


Antitrust - Robinson-Patman Act - Section 2(B) Defense Unavailable Where Gasoline Supplier Cut Price To A Retailer To Allow Latter To Meet Its Competition, John J. Walsh Jan 1963

Antitrust - Robinson-Patman Act - Section 2(B) Defense Unavailable Where Gasoline Supplier Cut Price To A Retailer To Allow Latter To Meet Its Competition, John J. Walsh

Villanova Law Review

No abstract provided.


Corporate Joint Ventures And Section 7 Of The Clayton Act, Thomas J. Bradley Jan 1963

Corporate Joint Ventures And Section 7 Of The Clayton Act, Thomas J. Bradley

Villanova Law Review

No abstract provided.


Antitrust Law-Exclusive Dealing Arrangements-Employment By Courts Of Dual Tests In Applying Section 3 Of The Clayton Act, Walter A. Urick Jan 1963

Antitrust Law-Exclusive Dealing Arrangements-Employment By Courts Of Dual Tests In Applying Section 3 Of The Clayton Act, Walter A. Urick

Michigan Law Review

Petitioner nationally markets its product through exclusive dealing contracts with 80,700 independent distributors. In 1958 petitioner's distributors accounted-as to vitamin concentrates-for 61.52 percent of all house-to- house sales 8.6 percent of the total retail sales, and 34.6 percent of the total sales, of similarly-composed products. The FTC examiner's finding that petitioner had violated section 3 of the Clayton Act was sustained by the Commission. On appeal, held, affirmed, one judge dissenting in part. The control of 61.52, 34.6 or 8.6 percent of the market sales by a seller having exclusive dealing contracts with its buyers is sufficient proof that …


Hudson Fair Trade Case - The Need For Constitutional Amendment, Richard W. Pogue Jan 1963

Hudson Fair Trade Case - The Need For Constitutional Amendment, Richard W. Pogue

Cleveland State Law Review

The Hudson case has dual significance. First, it is important in its holding of a relatively new concept in fair trade legislation-the "notice" or "implied contract" doctrine under which resellers are deemed to have entered into a legislatively defined contract by accepting goods with notice of the fair trade price limitations. This concept, previously upheld in Virginia, finds its counterpart in the current Quality Stabilization Bills pending in Congress which would include provision for a federal right to enforce resale price maintenance against resellers of branded commodities who are given prior notice of price restrictions. A second respect in which …


Antitrust--Past And Present, Milton Handler Jan 1963

Antitrust--Past And Present, Milton Handler

Kentucky Law Journal

No abstract provided.


Significant New Commission Developments, Paul Rand Dixon Jan 1963

Significant New Commission Developments, Paul Rand Dixon

Kentucky Law Journal

No abstract provided.


Criminal Antitrust Liability Of Corporate Representatives, Richard A. Whiting Jan 1963

Criminal Antitrust Liability Of Corporate Representatives, Richard A. Whiting

Kentucky Law Journal

No abstract provided.


The Civil Investigative Demand, Richard K. Decker Jan 1963

The Civil Investigative Demand, Richard K. Decker

Kentucky Law Journal

No abstract provided.


What Is New On Capitol Hill, Edwin H. Pewett Jan 1963

What Is New On Capitol Hill, Edwin H. Pewett

Kentucky Law Journal

No abstract provided.


State Antitrust Enforcement And Coordination With Federal Enforcement, Stanley Mosk Jan 1963

State Antitrust Enforcement And Coordination With Federal Enforcement, Stanley Mosk

Kentucky Law Journal

No abstract provided.


Trading Stamps: Unfair Competition?, Joe C. Savage Jan 1963

Trading Stamps: Unfair Competition?, Joe C. Savage

Kentucky Law Journal

No abstract provided.