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The Application Of The Sherman Act Antiboycott Law To Industry Self-Regulation: An Analysis Integrating Nonboyocott Sherman Act Principles, James F. Ponsoldt
The Application Of The Sherman Act Antiboycott Law To Industry Self-Regulation: An Analysis Integrating Nonboyocott Sherman Act Principles, James F. Ponsoldt
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Entry into and competition within professions and many industries is commonly restricted by private regulation among competitors. These restrictions are often effectuated, without direct government participation, through rules, procedures, or standards established by trade or professional organizations. Sometimes, however, the restrictions are made through less formalized concerted decisionmaking procedures by persons potentially in competition with new entrants. Such privately imposed restraints on competition have recently been the focus of an increasing number of private treble damages actions under section 1 of the Sherman Act. In these cases, the plaintiffs have alleged that the defendants were engaged in illegal boycotts, and …
Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben
Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben
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The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …