Law Commons^™

Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang

piyabutr bunaramrueang

It is commonly known that telecommunications industry requires a specific set of regulations in dealing with its own critical issues, particularly of asymmetric regulation in its context of natural monopoly. Today in the digital age, telecommunications industry is transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The United States and the European Union have provided the most advanced examples in this area which have being developed for more than a century. Nonetheless, each country has its own conditions and specific requirements. For examples, the United States possesses very strong systems interplaying …

Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz

Ariel Katz

While the economic rationale for intellectual property (“IP”) rights rests on the concepts of “monopoly” or market power,” the Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a “virtual consensus” among antitrust commentators believing that no presumption of market power should exist in antitrust cases involving IP. This Article critically analyzes this consensus, and clarifies the relationship between IP and market power, shows why IP rights often do confer market power in the antitrust sense, but also explains why acknowledging this should not necessarily lead to oversized application of antitrust law to IP.

Telecommunications In Transitioning Towards General Competition: A Comparative Study On Interconnection In The U.S., The Eu And Thailand, Piyabutr Bunaramrueang

piyabutr bunaramrueang

Telecommunications industry is generally known for its specific set of regulations in dealing with its own critical issues, particularly of competition in the context of natural monopoly and asymmetric regulation. Interconnection is the major condition which is intensely regulated. Nonetheless, telecommunications regulations are transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The regulation of interconnection is now in question. The United States and the European Union have provided the most advanced examples which have been developing for more than a century. However, each country has its own conditions and specific requirements. …

Local Public Entrepreneurship And Judicial Intervention In A Euro-American And Global Perspective, Fernando Christian Iaione

Fernando Christian Iaione

Local public entrepreneurship is a concept which encompasses a variety of activities carried out by local governments to foster local economic development. The first part of this paper puts forward local public entrepreneurship as a windfall of the right to local self-government. In the second part two cases are presented - one from EU and one from US - where local public entrepreneurship is playing a major role. However, in the EU the ECJ jurisprudence is discouraging local governments to engage in such activities thereby undermining the right to local self-government. By contrast, the US legal system actively encourages a …

Local Public Entrepreneurship And Judicial Intervention In A Euro-American And Global Perspective, Christian Iaione

Fernando Christian Iaione

Local public entrepreneurship is a concept which encompasses a variety of activities carried out by local governments to foster local economic development. The first part of this paper puts forward local public entrepreneurship as a windfall of the right to local self-government. In the second part two cases are presented - one from EU and one from US - where local public entrepreneurship is playing a major role. However, in the EU the ECJ jurisprudence is discouraging local governments to engage in such activities thereby undermining the right to local self-government. By contrast, the US legal system actively encourages a …

Local Public Entrepreneurship And Judicial Intervention In A Euro-American And Global Perspective, Fernando Christian Iaione

Fernando Christian Iaione

Local public entrepreneurship is a concept which encompasses a variety of activities carried out by local governments to foster local economic development. The first part of this paper puts forward local public entrepreneurship as a windfall of the right to local self-government. In the second part two cases are presented - one from EU and one from US - where local public entrepreneurship is playing a major role. However, in the EU the ECJ jurisprudence is discouraging local governments to engage in such activities thereby undermining the right to local self-government. By contrast, the US legal system actively encourages a …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Seguridad Jurídica En El Estado Regulador, Carlos Mena-Labarthe

Carlos Mena-Labarthe

El artículo pretende analizar las implicaciones en seguridad jurídica derivadas del cambio en el modelo de organización de las actividades del Estado en su transformación en un Estado Regulador. Se analizan las implicaciones de los nuevos elementos del modelo y algunas sugerencias para brindar seguridad jurídica en un este nuevo modelo.

Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon

Michael F. Cannon

No abstract provided.

Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt

Eric P. Voigt

This Article summarizes and analyzes each element of a claim for tortious interference with a contract or a business relationship under Ohio law. It argues that certain conduct should constitute tortious interference and that other conduct should not. Although my Article focuses on Ohio law, it has a national application. The Article argues that the law of tortious interference should be developed to further competition, to protect the contractual rights of parties, and to encourage freedom of action for the alleged interferer.

This Article (1) discusses when businesses and competitors may lawfully interfere with the contracts or business relationships of …