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All Faculty Scholarship

1987

Articles 1 - 30 of 33

Full-Text Articles in Law

The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright Dec 1987

The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop Dec 1987

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

All Faculty Scholarship

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 Oct 1987

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. Oct 1987

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

All Faculty Scholarship

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 Oct 1987

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

All Faculty Scholarship

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 Oct 1987

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

All Faculty Scholarship

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 Sep 1987

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

All Faculty Scholarship

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 Sep 1987

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

All Faculty Scholarship

No abstract provided.


New Forces Chip Away At Agencies' Policy Of Antitrust Abandonment, Joe Sims, Robert H. Lande Apr 1987

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

All Faculty Scholarship

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 Apr 1987

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

All Faculty Scholarship

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 …


The Costs Of Complexity, Stephen B. Burbank Apr 1987

The Costs Of Complexity, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr. Mar 1987

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr. Mar 1987

Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Wrongful Dismissal Legislation, Henry H. Perritt Jr. Mar 1987

Wrongful Dismissal Legislation, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


'Tis A Gift To Be Simple: The Need For A New Definition Of "Future Interest" For Gift Tax Purposes, Jeffrey G. Sherman Mar 1987

'Tis A Gift To Be Simple: The Need For A New Definition Of "Future Interest" For Gift Tax Purposes, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.


Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman Mar 1987

Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman

All Faculty Scholarship

No abstract provided.


One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock Mar 1987

One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Protection Of Water Flows For National Parks, A. Dan Tarlock Mar 1987

Protection Of Water Flows For National Parks, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock Mar 1987

The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Coase And The Courts: Economics For The Common Man, Barbara Ann White Mar 1987

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

All Faculty Scholarship

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 …


Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder Feb 1987

Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod Feb 1987

Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Below Market Loans: From Abuse To Misuses – A Sports Illustration, Phillip J. Closius, Douglas K. Chapman Jan 1987

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

All Faculty Scholarship

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 …


Law And The Abuse Of Economic Power In Europe, David J. Gerber Jan 1987

Law And The Abuse Of Economic Power In Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.


Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen Jan 1987

Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney Jan 1987

Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney

All Faculty Scholarship

This article, written at the dawn of the era of "competitive reform" in health care examines the case and prospects for the introduction of competition in health care delivery and financing. It observes the failures of the ancienne regime of fee for service payment and professional sovereignty and discusses the benefits of market-oriented policy. Its contribution, still salient today, is the lesson that competition cannot succeed without regulation. It identifies legislative, professional, and cultural hurdles to effective implementation of competitive norms and policies that have impeded the success of competition policy in health care.


Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson Jan 1987

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

All Faculty Scholarship

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 …


Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George Jan 1987

Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George

All Faculty Scholarship

No abstract provided.


A Sentencing System For The 21st Century?, Paul H. Robinson Jan 1987

A Sentencing System For The 21st Century?, Paul H. Robinson

All Faculty Scholarship

The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …


Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson Jan 1987

Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson

All Faculty Scholarship

I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …