Law Commons^™

Markets In Ip And Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge a …

Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp

All Faculty Scholarship

In Lundbeck the Eighth Circuit affirmed a district court’s judgment that a merger involving the only two drugs approved for treating a serious heart condition in infants was lawful. Although the drugs treated the same condition they were not bioequivalents. The Eighth Circuit approved the district court’s conclusion that they had not been shown to be in the same relevant market.

Most mergers that are subject to challenge under the antitrust laws occur in markets that exhibit some degree of product differentiation. The Lundbeck case illustrates some of the problems that can arise when courts apply ideas derived from models …

Have We Become A Template Nation?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In his commentary, SMU assistant professor of law Eugene Tan observed that last week's three MRT service breakdowns have raised concerns over whether our public transport system is able to cope with the increased commuter load and public expectations. While the road and rail infrastructure has grown significantly in the last few years, doubts now fester as to whether the relevant organisations, the people who run them and the systems and policies, have kept pace.

The Triumph And Tragedy Of Tobacco Control: A Tale Of Nine Nations, Eric A. Feldman, Ronald Bayer

All Faculty Scholarship

The use of law and policy to limit tobacco consumption illustrates one of the greatest triumphs of public health in the late twentieth and early twenty-first centuries, as well as one of its most fundamental failures. Overall decreases in tobacco consumption throughout the developed world represent millions of saved lives and unquantifiable suffering averted. Yet those benefits have not been equally distributed. The poor and the undereducated have enjoyed fewer of the gains. In this review, we build on existing tobacco control scholarship and expand it both conceptually and comparatively. Our focus is the social gradient of smoking both within …

Nclb Waivers, Misty Newcomb, Gary W. Ritter

Policy Briefs

No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.

How To Sever The Legs Of An Octopus: Tunisia’S Ongoing Revolution, Matthew Hammel

Independent Study Project (ISP) Collection

The Kasbah square is large and covered in barbwire. Military men stand on the inside of the fence cradling automatic rifles, joking, chatting, texting on their cell phones. Coming out from the bustle of the souks the square feels tranquil. It is September, seven months since the square became a temporary home to thousands of protestors who demanded the end of oppressive government in Tunisia. It was here that the Tunisian people solidified their revolution, refusing to be appeased by the flight of a figurehead while the tentacles of his regime remained.

Ben Ali ruled Tunisia for twenty-three years. During …

Improving The Population’S Health: The Affordable Care Act And The Importance Of Integration, Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson, Lawrence O. Gostin

O'Neill Institute Papers

Heath care and public health are typically conceptualized as separate, albeit overlapping, systems. Health care’s goal is the improvement of individual patient outcomes through the provision of medical services. In contrast, public health is devoted to improving health outcomes in the population as a whole through health promotion and disease prevention. Health care services receive the bulk of funding and political support, while public health is chronically starved of resources. In order to reduce morbidity and mortality, policymakers must shift their attention to public health services and to the improved integration of health care and public health. In other words, …

Bills, Bribery And Brutality: How Rampant Corruption In The Electoral System Has Helped Prevent Democracy In Uganda, Sam Tabachnik

Independent Study Project (ISP) Collection

This study looks at the electoral system in Uganda and the corruption and inefficiencies that go with it. In addition, this study delves into the most common electoral crimes and the way they are committed. Going even deeper, the study examines the reasons for bribery pervasiveness, the role of money in politics and the views locals have of their government and its leaders. Crucial institutions such as police, military, judiciary, Electoral Commission and civil society groups were also discussed in how they relate toelections and politics in Uganda.

The research design was qualitative, historical and descriptive. Information was gatheredby in-person …

Evaluating Energy Security Performance From 1990 To 2010 For Eighteen Countries, Benjamin K. Sovacool, Ishani Mukherjee, Ira Martina Drupady, Anthony L. D' Agostino

Research Collection School of Social Sciences

This study provides an index for evaluating national energy security policies and performance among the United States, European Union, Australia, New Zealand, China, India, Japan, South Korea, and the ten countries comprising the Association of Southeast Asian Nations (ASEAN). Drawn from research interviews, a survey instrument, and a focused workshop, the article first argues that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustain-ability, and regulation. The article then breaks these dimensions down into 20 components and correlates them with 20 metrics that constitute a comprehensive energy security index. We find that the …

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

Mandatory Hpv Vaccination And Political Debate, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccinations are among the most cost-effective and widely used public health interventions, but have provoked popular resistance, with compulsion framed as an unwarranted state interference. When the FDA approved a human papillomavirus (HPV) vaccine in 2006, conservative religious groups strongly opposed a mandate, arguing it would condone pre-marital sex, undermine parental rights, and violate bodily integrity. Yet, Governor Rick Perry signed an executive order in 2007 making Texas the first state to enact a mandate — later revoked by the legislature.

Mandatory HPV vaccination reached the heights of presidential politics in a recent Republican debate. Calling the vaccine a "very …

Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter

Policy Briefs

In recent years, the standards in Arkansas for entry into kindergarten underwent changes that can be difficult to understand. Across the nation, states have increased the minimum age of entry into public schools, and Arkansas is no exception. Recently, a policymaker in our state asked the OEP to look into the research surrounding the question of raising the kindergarten entry age. This policy brief discusses the new requirements as well as the impact of these requirements on families and children in the short and long term by looking at recent changes in Arkansas law and studies concerning the effect of …

Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.

Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

In this study, qualitative, in-depth interviews were conducted with 100 formerly incarcerated mothers to explore the relationship between attachment to children and desistance from criminal behavior. Exploratory data analysis revealed that mothers do believe that children play important roles in their desistance, consistent with the tenets of life course theory. However, children were also described as sources of great stress, which may in turn promote criminal behavior. Women also related desistance to reliance on self and a higher power, and to a desire to avoid future involvement with the criminal justice system. The article concludes with a call for more …

Tying Arrangements And Lawful Alternatives: Transaction Costs Considerations, Herbert J. Hovenkamp

All Faculty Scholarship

Tying arrangements often increase welfare by promoting product quality and protecting the supplier's goodwill in the tying product. When the tying product works effectively only with ancillary materials or accessories or services of a particular kind or quality, its supplier can assure the requisite quality of the ancillary product only by supplying that product itself. The cost savings defense and the defenses of quality control or good will are the most widely recognized and accepted tying defenses.

One characteristic of manufactured products is differentiation among the offerings of various brands. This in turn produces a need for more specialized provision …

Quasi Exclusive Dealing, Herbert J. Hovenkamp

All Faculty Scholarship

A firm's discounting policies over a single product raise concerns analogous to exclusive dealing in two situations. First, the firm may offer conditional discounts structured in such a way as to induce customers to take most of their requirements for a given product from the defendant. In addition, a firm may employ “slotting” fees or similar allowances paid by manufacturers to retailers, with the possible result that rivals have difficulty obtaining access to shelf space. Neither practice is literally "exclusive dealing," because neither involves a condition that the purchaser not deal in the goods of a rival, although they may …

When Districts Are Taken Over By The State, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Two types of state takeovers have been in the news this summer. The news extensively covered the state takeover of Helena-West Helena School District and Pulaski County Special School District due to fiscal issues. At their August meeting, State Board of Education members discussed amending the Academic Distress Rules in a manner that would more easily enable state takeovers on the basis of academic distress. This policy brief discusses the various classifications that might lead to a state takeover and the subsequent implications of such classifications. According to Arkansas law, namely The Omnibus Quality of Education Act of 2003, schools …

Conceptualizing And Measuring Energy Security: A Synthesized Approach, Benjamin K. Sovacool, Ishani Mukherjee

Research Collection School of Social Sciences

This article provides a synthesized, workable framework for analyzing national energy security policies and performance. Drawn from research interviews, survey results, a focused workshop, and an extensive literature review, this article proposes that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustainability, and regulation. We then break these five dimensions down into 20 components related to security of supply and production, dependency, and diversification for availability; price stability, access and equity, decentralization, and low prices for affordability; innovation and research, safety and reliability, resilience, energy efficiency, and investment for technology development; land use, …

2011 Arkansas Benchmark Test Results: District By District Scores, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

One day after the Arkansas Department of Education (ADE) released the results from the spring 2011 Arkansas Benchmark exams, the OEP received a call from a local constituent asking how districts in Northwest Arkansas compared to the rest of the state. Surprisingly, this type of question - often asked by educators, policymakers, researchers, parents, and concerned citizens - is not that easy to answer by simply glancing at the ADE-provided data. 1 Therefore, we put together a little policy brief to make the data more clearly understood.

State Bankruptcy From The Ground Up, David A. Skeel Jr.

All Faculty Scholarship

After a brief, high profile debate, proposals to create a new bankruptcy framework for states dropped from sight in Washington in early 2011. With the debate’s initial passions having cooled, at least for a time, we can now consider state bankruptcy, as well as other responses to states’ fiscal crisis, a bit more quietly and carefully. In this Article, I begin by briefly outlining a theoretical and practical case for state bankruptcy. Because I have developed these arguments in much more detail in companion work, I will keep the discussion comparatively brief. My particular concern here is, as the title …

Who’S Pandemic Influenza Preparedness Framework: A Milestone In Global Governance For Health, Lawrence O. Gostin, David P. Fidler

Georgetown Law Faculty Publications and Other Works

In May 2008, the World Health Organization (WHO) adopted the Pandemic Influenza Preparedness Framework for the Sharing of Influenza Viruses and Access to Vaccines and Other Benefits (PIP Framework). The PIP Framework’s adoption ended years of difficult negotiations, which began after Indonesia refused to share samples of avian influenza A (H5N1) with WHO in late 2006. Indonesia justified its actions on the need to create more equitable access for developing countries to benefits, such as vaccines and antivirals, derived from research and development on shared influenza virus samples. The global health community feared that failure to share influenza virus samples …

Tying Noncompetitive Goods, Herbert J. Hovenkamp

All Faculty Scholarship

Many of the classic tying cases involved tied products that were common staples such as button fasteners, canned ink, dry ice, or salt. These products were sold in competitive markets, presumably at prices very close to cost. For most of them the most likely explanations for the tie were quality control or price discrimination, both with competitively benign results in the great majority of situations. When the tied good is sold in a noncompetitive market, however, an additional consumer welfare enhancing result is likely to obtain – namely, the elimination of double marginalization, which occurs when separate sellers of complementary …

Baselines Newsletter, No. 8, Summer/Fall 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Influenza Vaccination Of The Healthcare Workforce: Developing A Model State Law, Alexandra M. Stewart, Marisa A Cox

Health Policy and Management Faculty Publications

No abstract provided.

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Faculty Publications

No abstract provided.

A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Most legal historians speak of the period following classical legal thought as “progressive legal thought.” That term creates an unwarranted bias in characterization, however, creating the impression that conservatives clung to an obsolete “classical” ideology, when in fact they were in many ways just as revisionist as the progressives legal thinkers whom they critiqued. The Progressives and New Deal thinkers whom we identify with progressive legal thought were nearly all neoclassical, or marginalist, in their economics, but it is hardly true that all marginalists were progressives. For example, the lawyers and policy makers in the corporate finance battles of the …

Technical Bulletins: Ada Amendments Act Of 2008 (Adaaa): Back To Basics (2011), Bonnie Jones

MTAS Publications: Technical Bulletins

The ADAAA ensures protections for people with disabilities whose conditions have been denied as ADA eligible through years of Supreme Court ADA interpretation.

Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law

9 slides

Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Eric Kuhn, Colorado River Water Conservation District

15 slides

Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona

34 slides