Law Commons^™

Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop

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This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.

Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:

(1) the belief or suspicion that …

Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton

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In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …

Shifting Of Income Within The Family: Will 1986 I.R.C. Changes Bring Significant Reform, John A. Lynch Jr.

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In challenging Congress and the citizenry to embrace tax reform, President Reagan stated:

While most Americans labor under excessively high tax rates that discourage work and cut drastically into savings, many are able to exploit the tangled mass of loopholes that has grown up around our tax code to avoid paying their fair share-sometimes to avoid paying any taxes at all.

Fairness and simplicity were clearly overriding objectives of the tax reform movement that culminated in the Tax Reform Act of 1986.

From the perspectives of both fairness and simplicity, one of the most egregious features of prior law was …

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

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The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande

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Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.

An Anti-Antitrust Activist?; Podium, Robert H. Lande

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No abstract provided.

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

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No abstract provided.

New Forces Chip Away At Agencies' Policy Of Antitrust Abandonment, Joe Sims, Robert H. Lande

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Antitrust is at a crossroads. the federal agencies are dominated by the economic approach of the Chicago school, but congress and the states are expressing sharp dissent.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

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On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Coase And The Courts: Economics For The Common Man, Barbara Ann White

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The arguments collectively known as the Coase Theorem criticize the judicial policy of requiring businesses to ‘internalize’ their external costs of production, i.e., pay for the social costs their production incurs such as environmental or noise pollution. Coase argues that the policy of internalization often leads to economic inefficiency rather than efficiency maximization, contrary to what Pigouvian economic analysis asserts. The right to be free of the external costs of production ought to be based, instead, on Coase’s total product rule: Courts should allocate rights according to what maximizes overall total production and thereby maximize social welfare.

Coasian analysis has …

Below Market Loans: From Abuse To Misuses – A Sports Illustration, Phillip J. Closius, Douglas K. Chapman

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Below market loans have been traditionally used as substitutes for gifts, salaries, and dividends for the primary purpose of tax avoidance in the transfer of wealth. The Supreme Court's opinion in Dickman v. Commissioner subjected both demand and term loans in an intrafamilial setting to the federal gift tax. Congress, while subjecting all below market loans to either income or gift tax, applied different valuation formulas to term and demand loans and, in so doing, favored the use of demand loans as a salary substitute. This Article analyzes the current status of below market loans by examining their use in …

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

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On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.

Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …