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Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Faculty Works
Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.
Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …
Do Reverse Payment Settlements Violate The Antitrust Laws, Christopher M. Holman
Do Reverse Payment Settlements Violate The Antitrust Laws, Christopher M. Holman
Faculty Works
The term "reverse payment" has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer. Reverse payment settlements are particularly associated with drug patent challenges mounted by generic drug companies under the Hatch-Waxman Act. Many, including the Federal Trade Commission, would characterize these agreements as antitrust violations. However, courts have generally declined to find these agreements in violation of the antitrust laws based solely on the presence of a reverse payment.
This article begins in Section II with an …