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Full-Text Articles in Law
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. …
Beyond The Shell And Husk Of History: The History Of The Seventeenth Amendment And Its Implications For Current Reform Proposals , Todd J. Zywicki
Beyond The Shell And Husk Of History: The History Of The Seventeenth Amendment And Its Implications For Current Reform Proposals , Todd J. Zywicki
Cleveland State Law Review
The purpose of this article is to review and synthesize the lessons of recent Seventeenth Amendment scholarship and how these lessons apply to current reform proposals. Part I discusses the emerging understanding of the integral and multifaceted role played by the Senate in the original constitutional structure. Part II further reviews and critiques the traditional explanations which have been offered for the Seventeenth Amendment, and demonstrates their failure to explain the passage of the Seventeenth Amendment. Part III discusses an alternative explanation for the Seventeenth Amendment rooted in a public choice analysis of constitutional change, one which largely has been …