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Articles 1 - 15 of 15
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents.
Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi
Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi
Northwestern University Law Review
American courts have long struggled with categorizing municipalities. They treat municipalities sometimes as private corporations, sometimes as governmental bodies, and sometimes as something in between. This uncertainty provides a shaky foundation for local government law and hampers its development. Local governments are not sure of their powers, and states are unable to create a comprehensive vision of municipal governance. When federal law is involved, the situation is muddled further.
In FTC v. Phoebe Putney, the Supreme Court’s application of the state action doctrine unnecessarily injected federal antitrust law into the relationship between states and municipalities. The state action doctrine …
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
Pepperdine Law Review
The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
St. Mary's Law Journal
The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore
University of Richmond Law Review
No abstract provided.
Antitrust: Harold's V. Dillard: It Takes Two To Tango--Except In Oklahoma: The Tenth Circuit Interprets Oklahoma Antitrust Law To Reach Unilateral Activity, Eric Scott Smith
Antitrust: Harold's V. Dillard: It Takes Two To Tango--Except In Oklahoma: The Tenth Circuit Interprets Oklahoma Antitrust Law To Reach Unilateral Activity, Eric Scott Smith
Oklahoma Law Review
No abstract provided.
Balancing The Benefits And Detriments Of Private Antitrust Enforcement: Detrebling, Antitrust Injury, Standing, And Other Proposed Solutions, David Klingsberg
Balancing The Benefits And Detriments Of Private Antitrust Enforcement: Detrebling, Antitrust Injury, Standing, And Other Proposed Solutions, David Klingsberg
Cardozo Law Review
No abstract provided.
Indiana Federation Of Dentists: The Per Se-Rule Of Reason Continuum (And A Comment On State Action), Richard M. Steuer
Indiana Federation Of Dentists: The Per Se-Rule Of Reason Continuum (And A Comment On State Action), Richard M. Steuer
Cardozo Law Review
No abstract provided.
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel J. Gifford
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel J. Gifford
Vanderbilt Law Review
In February 1986 the United States Supreme Court in Fisher v. Berkeley' upheld the validity of a municipal rent control ordinance against a contention that the Sherman Act preempted the ordinance. In an eight-to-one decision, the Court effectively gave the coup de grace to its earlier attempt to apply the federal antitrust laws to municipalities and political subdivisions. It also may have finally ended the remarkable series of disingenuous state-action decisions that had become an almost regular part of the Court's calendar since Goldfarb v. Virginia State Bar' in 1975.Fisher holds a promise of restoring to the state-action exemption a …
Coming Full Circle On Stage Action, Richard M. Steuer
Coming Full Circle On Stage Action, Richard M. Steuer
Cardozo Law Review
No abstract provided.
Antitrust Immunity For Local Governments: Maryland's Response In The Wake Of Boulder
Antitrust Immunity For Local Governments: Maryland's Response In The Wake Of Boulder
Maryland Law Review
No abstract provided.
The Noerr Doctrine And Its Sham Exception, Milton Handler, Richard A. De Sevo
The Noerr Doctrine And Its Sham Exception, Milton Handler, Richard A. De Sevo
Cardozo Law Review
No abstract provided.
Municipal Defenses To Antitrust Liability, Patrick R. James
Municipal Defenses To Antitrust Liability, Patrick R. James
University of Arkansas at Little Rock Law Review
No abstract provided.
State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw
State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw
Kentucky Law Journal
No abstract provided.