Law Commons^™

Antitrust And The 'Filed Rate' Doctrine: Deregulation And State Action, Herbert J. Hovenkamp

All Faculty Scholarship

In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exempt railroads from antitrust liability, a private plaintiff may not recover treble damages based on an allegedly monopolistic tariff rate filed with a federal agency. Keogh very likely grew out of Justice Brandeis's own zeal for regulation and his concern for the protection of small business — in this case, mainly shippers whom he felt were protected from discrimination by filed rates. The Supreme Court's Square D decision later conceded that Keogh may have been “unwise as a matter of policy,” but reaffirmed it …

¿Formalismo Anticuado?, Jose Luis Sardon

Jose Luis Sardon

Corte Internacional de La Haya debe acoger solicitud peruana de fijar límite marítimo con Chile, porque no existe un tratado de límites al respecto.

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

All Faculty Scholarship

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …

Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.

Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …

The Sherman Act And The Balance Of Power, David K. Millon

David K. Millon

None available.

New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon

David K. Millon

None available.

Seis Planteamientos, Jose Luis Sardon

Jose Luis Sardon

Un breve repaso de los seis planteamientos fundamentales en el continuo ideológico del pensamiento económico.

High Speed Rail: Strategic Information For The Australian Context, Tania Von Der Heidt, Pat Gillett, Chris Hale, Philip Laird, Alex Wardrop, Robert Weatherby, Charles Waingold, Michael Charles, Ian Rossow, Dale Coleman, Bala Ramasokeran, Rocco Zito, Michael Taylor, Adrian Pollock

Dr Philip Laird

No abstract provided.

Analysis Of Crime Data Using Principal Component Analysis: A Case Study Of Katsina State, Shehu U. Gulumbe, Dikko H. .G., Bello Yusuf

CBN Journal of Applied Statistics (JAS)

This paper analyses Katsina State crime data which consists of the averages of eight major crimes reported to the police for the period 2006 – 2008. The crimes consist of robbery, auto theft, house and store breakings, theft/stealing, grievous hurt and wounding, murder, rape, and assault. Correlation analysis and principal component analysis (PCA) were employed to explain the correlation between the crimes and to determine the distribution of the crimes over the local government areas of the state. The result has shown a significant correlation between robbery, theft and vehicle theft. While MSW local government area has the lowest crime …

Enfoques Teóricos De Las Reglas Por Defecto En El Derecho De Contratos: Complementariedades, Coincidencias Y Contradicciones, Daniel Monroy

Daniel A Monroy C

El artículo muestra una lectura crítica en lo que respecta a la noción, las funciones y el diseño de las reglas por defecto en el derecho de contratos a partir de tres enfoques teóricos a saber: la perspectiva jurídica tradicional; la visión del Análisis Económico del Derecho (AED) en su versión clásica y; el enfoque del denominado behavioral law and economics (BL&E). El documento destaca con particular atención que en lo correspondiente a la noción y las funciones de las reglas por defecto en el derecho de contratos, existe un alto nivel de coherencia entre la perspectiva jurídica tradicional por …

Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this research was to investigate three potential consequences related to the 2003 Illinois Gaming Tax rate restructuring. The first section presents the assessment of whether a higher tax rate motivated an Illinois casino operator to reduce of marketing/promotional expenditures in an attempt to negatively influence revenues. The second establishes if the surrounding state gaming operators reacted to the increased Gaming Tax rate in Illinois, by raising their marketing spending. The last section clarifies whether the changes to the Illinois Gaming Tax Schedule impacted gaming volumes in the neighboring/competing states of Indiana, Iowa, and Missouri.

The analysis relied …

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

All Faculty Scholarship

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over 2,000 …

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

All Faculty Scholarship

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …

La Política Peruana Y La Educación Superior, Jose Luis Sardon

Jose Luis Sardon

Entrevista con Columnas. Segunda Epoca, N° 175, pp. 16-19.

Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp

All Faculty Scholarship

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …

Lawyers, Make Room For Non-Lawyers, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

¿Adiós Al Euro?, Jose Luis Sardon

Jose Luis Sardon

España no debe salirse del euro, para no repetir historia reciente de la Argentina.

Adequacy Of Earnings Replacement In Workers' Compensation Programs: A Report Of The Study Panel On Benefit Adequacy Of The Workers' Compensation Steering Committee, National Academy Of Social Insurance, H. Allan Hunt

H. Allan Hunt

The Workers’ Compensation Steering Committee of the National Academy of Social Insurance formed the Benefit Adequacy Study Panel to review the literature on benefit adequacy and to develop an approach to document what is currently known—and not known—about benefit adequacy in WC programs. The panel documents the extent to which WC cash benefits replace workers’ lost wages, and assesses the adequacy of that wage replacement.

The Michigan Disability Prevention Study: Research Highlights, H. Allan Hunt, Rochelle Virginia Habeck

H. Allan Hunt

This 3-year collaborative research project was designed to provide empirical evidence to substantiate the impact of various employer policies and practices on the prevention and management of workplace disability. It studied a random sample of 220 Michigan establishments with more than 100 employees from seven different industries who responded to a mail survey in the first half of 1991. The study correlates differences in employer-reported levels of achievement on policy and practice dimensions with performance on disability outcome measures, while controlling for a set of establishment characteristics in a multivariate regression analysis.

The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy

H. Allan Hunt

No abstract provided.

Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt

H. Allan Hunt

Provides a data base for analysis of workers' comp issues in Michigan, and offers a comparison between cases from insured and self-insured employers.

Ensuring Health And Income Security For An Aging Workforce, Peter Budetti, Richard V. Burkhauser, Janice M. Gregory, H. Allan Hunt

H. Allan Hunt

The chapters explore implications of an aging workforce for a number of social programs in the coming decades, and point to the critical policy issues we must face when growing numbers of older workers begin to strain the capacity of those programs.

The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph Mcginn, Robert W. Klein, Terrance J. Bogyo

H. Allan Hunt

No abstract provided.

Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully

H. Allan Hunt

No abstract provided.

Inflation Protection For Workers' Compensation Claimants In Michigan: A Simulation Study, H. Allan Hunt

H. Allan Hunt

Explores the idea of a privately funded, publicly administered benefit adjustment program to protect wc beneficiaries from inflation.

Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt

H. Allan Hunt

No abstract provided.

Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth

H. Allan Hunt

No abstract provided.

Earnings Losses For Injured Workers, H. Allan Hunt, Kelly Derango, Eva Madly

H. Allan Hunt

No abstract provided.

Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt

H. Allan Hunt

No abstract provided.

Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein

H. Allan Hunt

No abstract provided.