Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Afterword: Could A Merger Lead To Both A Monopoly And A Lower Price?, Alan A. Fisher Ph.D., Robert H. Lande, Walter Vandaele Dec 1983

Afterword: Could A Merger Lead To Both A Monopoly And A Lower Price?, Alan A. Fisher Ph.D., Robert H. Lande, Walter Vandaele

All Faculty Scholarship

This article demonstrates that significant net efficiencies from a merger could cause prices to decrease, even if the merger results in a monopoly. The article also shows that a price focus would require substantially more efficiencies to justify an otherwise anticompetitive merger than would an efficiency focus (in other words, it re-does the Williamsonian merger tradeoff, using price to consumers instead of net efficiencies as its focus). We demonstrate this by calculating how large the necessary efficiency gains would have to be to prevent price increases under different market conditions.


Efficiency Considerations In Merger Enforcement, Alan A. Fisher Ph.D., Robert H. Lande Dec 1983

Efficiency Considerations In Merger Enforcement, Alan A. Fisher Ph.D., Robert H. Lande

All Faculty Scholarship

This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to mergers (a wealth transfer concern). This is the first article to show how to analyze mergers with this goal in mind. Doing so challenges the fundamental underpinnings of Williamsonian merger analysis (which assumes mergers should be evaluated only in terms of net efficiency effects).

In this and three related articles we re-do …


Warrantless Investigative Searches And Seizures Of Automobiles And Their Contents, Steven A.G. Davison Apr 1983

Warrantless Investigative Searches And Seizures Of Automobiles And Their Contents, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius Mar 1983

Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius

All Faculty Scholarship

For most of its history, professional athletics was governed by the unilateral decisions of team owners acting in a league format. In the last twelve years, however, a variety of sporting groups, through access to the judicial system and a changed perception of the legal status of sports, have forced the owners to share the power and wealth derived from the games. Players, unions, agents and rival leagues all now participate, in some form, in the decisions which will shape the future of sports. In the course of this growth, the sports industry has matured into a national business possessed …


Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr. Mar 1983

Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Evidence: Making The Record, Margaret G. Stewart Mar 1983

Evidence: Making The Record, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock Mar 1983

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Introduction To Symposium, Water Rights, A. Dan Tarlock Mar 1983

Introduction To Symposium, Water Rights, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock Mar 1983

National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman Feb 1983

Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Feb 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

All Faculty Scholarship

No abstract provided.


University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin Feb 1983

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Digest Of (1982) Eugrz Parts 1-24, Harvey Morrell Jan 1983

Digest Of (1982) Eugrz Parts 1-24, Harvey Morrell

All Faculty Scholarship

No abstract provided.


The Extraterritorial Application Of German Antitrust Law, David J. Gerber Jan 1983

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick Jan 1983

The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank Jan 1983

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

All Faculty Scholarship

No abstract provided.


Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall Jan 1983

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

All Faculty Scholarship

The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …