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Articles 1 - 5 of 5
Full-Text Articles in Law
Antitrust's Protected Classes, Herbert Hovenkamp
Antitrust's Protected Classes, Herbert Hovenkamp
Michigan Law Review
For purposes of argument, this essay assumes that efficiency ought to be the exclusive goal of antitrust enforcement. That premise is controversial. Nonetheless, several economic and legal theorists, primarily among the Chicago School of economics and antitrust scholarship, have developed an Optimal Deterrence Model based on this assumption. The Model is designed to achieve the optimum, or ideal, amount of antitrust enforcement. The Model's originators generally believe that there is too much antitrust enforcement, particularly enforcement initiated by private plaintiffs. I intend to show that, even if efficiency is the only antitrust policy goal, a broader array of lawsuits should …
Precedent In Law, Erik G. Light
Precedent In Law, Erik G. Light
Michigan Law Review
A Review of Precedent in Law edited by Laurence Goldstein
Autopoietic Law: The New Science Of Niklas Luhmann, Arthur J. Jacobson
Autopoietic Law: The New Science Of Niklas Luhmann, Arthur J. Jacobson
Michigan Law Review
A Review of Autopoietic Law: A New Approach to Law and Society Edited by Günther Teubner
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
Michigan Journal of International Law
After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
Articles
A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …