Law Commons^™

Antitrust For Dominant Digital Platforms: An Alternative To The Monopoly Power Standard To Restore Competition, Jordan Ramsey

Senior Honors Theses

Antitrust law is meant to promote competition by prohibiting anticompetitive business practices such as mergers and acquisitions as well as exclusionary conduct. Judicial interpretation of antitrust law has allowed dominant digital platforms to undertake anticompetitive actions without prosecution. The Sherman Antitrust Act should be amended to remove the monopoly power standard that allows firms to engage in anticompetitive conduct as long as the conduct does not create or uphold monopoly power. The amendment would make anticompetitive conduct illegal regardless of monopoly power, as long as six proof requirements are met. This would result in lessened market concentration, which would benefit …

Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr.

University of Arkansas at Little Rock Law Review

Among its significant reforms, the Uniform Power of Attorney Act (UPOAA) denies agents nine types of power unless “the power of attorney expressly grants” them. Those so-called “hot powers” relate to delegations of fiduciary authority and to donative transfers of the principal’s property for less than full consideration. The donative hot powers include creating, amending, or terminating a trust; making gifts; creating or changing beneficiary designations; creating or changing rights of survivorship; and waiving or disclaiming property interests. The rationale for requiring the grant of specific authority is the risk those acts pose to the principal’s property and estate plan. …

Sec V. Creditors: Why Sec Civil Enforcement Practice Demonstrates The Need For A Reprioritization Of Securities Fraud Claims In Bankruptcy, Sean Kelly

St. John's Law Review

(Excerpt)

This Note examines how this tension has motivated the SEC to use receiverships as a preferred vehicle to maximize recovery for defrauded security holders and, in the process, create what amounts to an SEC-run bankruptcy proceeding. The use of these receiverships has triggered a high-stakes race to the courthouse among the SEC and creditors, where mere hours can be the difference between millions in recovery and nothing at all. To end this costly race, this Note proposes a solution that seeks to harmonize securities fraud enforcement with bankruptcy law, which starts with revisiting Bankruptcy Code § 510(b) to reprioritize …

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Drummond Financial Services, Llc, Order On Motions For Protective Orders And To Quash Proposed Depositions And To Amend The Case Management Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.

S17rs Sgb No. 7 (Amend Student Government Constitution), Josh Nunez, David Conroy

Student Senate Enrolled Legislation

To Amend The Student Government Constitution

S17rs Sgb No. 5 (Amend College Council Constitution), Joanie Lyons

Student Senate Enrolled Legislation

To amend the Student Government College Council Constitution

S17rs Sgb No. 8 (Amend Sg Bylaws), Cassidy Riley, David Hunt

Student Senate Enrolled Legislation

TO AMEND THE STUDENT GOVERNMENT BYLAWS

S17rs Sgb No. 9 (Amend Psif Bylaws), Cassidy Riley

Student Senate Enrolled Legislation

To amend the Programming, Support, and Initiatives Fund (PSIF) bylaws

F16rs Sgb No. 3 (Amend Sg Governing Documents), Ahmad El-Rachidi

Student Senate Enrolled Legislation

To amend the Student Government Governing Documents

F16rs Sgb No. 5 (Amend Psif Bylaws), Jacob Phagan

Student Senate Enrolled Legislation

To Amend the PSIF Bylaws

F16rs Sgb No. 6 (Amend Sg Bylaws), Jacob Phagan

Student Senate Enrolled Legislation

To amend the Student Government Bylaws

F16rs Sgb No. 7 (Amend College Council Constitution & Bylaws), Christina Black

Student Senate Enrolled Legislation

To amend the Student Government College Council Constitution and Bylaws

Binding Authority: Unamendability In The United States Constitution–A Textual And Historical Analysis, George Mader

Faculty Scholarship

We think of constitutional provisions as having contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void. But are there exceptions to this default state of contingent permanence? Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable? And could a future amendment make itself or some portion of the existing Constitution unamendable?

Commentators investigating limits on constitutional amendment frequently focus on limits imposed by natural law, the democratic underpinnings of our nation, or some other …

Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.

F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells

Student Senate Enrolled Legislation

No abstract provided.

F10rs Sgb No. 2 (Finance Bills), Caffarel

Student Senate Enrolled Legislation

No abstract provided.

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …

F09rs Sgb No. 3 (Rules Of Court), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 4 (Secretary Duties), Mullen, Gammon

Student Senate Enrolled Legislation

No abstract provided.

The Vitality Of The American Sovereign, Todd E. Pettys

Todd E. Pettys

In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional Tradition Before the Civil War." I dispute Fritz's claim that Americans today have essentially ceded their sovereign prerogatives to government officials. Contrary to Fritz's suggestion, ordinary Americans do still sometimes intervene directly in day-to-day governmental affairs in ways that are unauthorized by their elected leaders, and they do alter their constitutional landscape by means other than those formally authorized by Article V. Americans have determined that their long-term interests are often best served by manifesting their sovereign desires through extended interactions with government officials and …

F09rs Sgb No. 5 (Election Code), Palermo, Hansen, Prestridge, Widenski

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 14 (Amend Rules), Caffarel, Parker

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 15 (Sergeant-At-Arms), Martin, Mullen

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 16 (Budget), Compagno, Sellers

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 18 (Spt And Secretary Duties), Parker

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 21 (Order Of Addressing Committees), Gammon, Caffarel

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 22 (Senate Orientation), Martin

Student Senate Enrolled Legislation

No abstract provided.