Law Commons^™

Do Guaranteed-Low-Price Policies Guarantee High Prices, And Can Antitrust Rise To The Challenge?, Aaron S. Edlin

Aaron Edlin

Price-matching policies can be highly anticompetitive. They allow firms to raise their prices above competition levels by discriminating in price between informed and uninformed customers. The resulting high prices can persist even when new firms enter the industry, a fact that gives price matching the potential to be much more socially costly than an ordinary monopoly or cartel. At the same time, widespread entry implies that the agreement among sellers that is typical of a Sherman Act price-fixing case may be absent. In this article, Professor Edlin argues that there is nonetheless an analogy between a seller offering (and agreeing) …

The Futility Of Campaign Finance Reform: A Historical Perspective, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

Multinational Enterprises: The Constitution Of A Pluralistic Legal Order, Jean-Philippe Robé

Jean-Philippe Robé

No abstract provided.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Law And Phrenology, Pierre Schlag

Pierre Schlag

No abstract provided.

Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer

Nancy J. Knauer

This Article focuses on a subset of private/public partnerships - those that involve relationships between the public sector and charitable organizations, specifically "government created charitable organizations" (GCCOs). For example, the first President Bush, known as the "Education President," championed the creation of the New American Schools Development Corporation (NASDC) as the cornerstone of his education policy. Designed as an independent charitable organization, the NASDC's proposed budget relied on private corporate contributions. In this way, the federal government could assert that it would fund its new educational program without increasing the federal bureaucracy, raising taxes, or cutting other budget items. To …

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

The Sound Of (Rap) Music: Sampling, Copyright Law And The Production Of Cultural Change, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

The Private Ownership Of Culture: Cultural Production And Intellectual Property Law, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Law Review Story, Lisa Pruitt

Lisa R Pruitt

This essay is the story of the author’s election as editor-in-chief of the Arkansas Law Review and of her tenure in that role. The story implicates a range of legal issues including hate speech, sexual harassment, sex discrimination, defamation, and intentional infliction of emotional distress. It is also the tale of the author’s feminist epiphany and of the law school’s failure to respond to the harassment. It was published in the 50th anniversary issue of the Arkansas Law Review.

Palestinian Authority Draft Constitutions: Human Rights And Minority Rights, Anthony Chase

Anthony Chase

No abstract provided.

You Can't Get There From Here: The Impact Of California's Proposition 209 On Same-Sex Marriage, Ron Buckmire

Ron Buckmire

No abstract provided.