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Articles 1 - 18 of 18
Full-Text Articles in Law
Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi
Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what effect …
Debunking The Myths Over Big Data And Antitrust, Maurice Stucke, Allen Grunes
Debunking The Myths Over Big Data And Antitrust, Maurice Stucke, Allen Grunes
College of Law Faculty Scholarship
What are the implications of Big Data on competition policy? Some argue little, if any, and offer several reasons why Big Data is a passing fad. We disagree.As we discuss, competition law can play an important role in maximizing the benefits of a data-driven economy, while mitigating its risks. Our aim here is to first address the competitive significance of Big Data and, second, take on ten myths downplaying Big Data’s antitrust significance.
Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin
Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin
College of Law Faculty Scholarship
Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”
No Mistake About It: The Important Role Of Antitrust In The Era Of Big Data, Maurice Stucke, Allen Grunes
No Mistake About It: The Important Role Of Antitrust In The Era Of Big Data, Maurice Stucke, Allen Grunes
College of Law Faculty Scholarship
Competition authorities in Europe (and to a lesser extent in other jurisdictions) are beginning to make data, its uses, and its implications for competition law, a key focus. Some, however, argue that competition law has a limited role to play in the era of big data. We respectfully disagree. Competition law will play an integral role to ensure that we capture the benefits of a data-driven economy while mitigating its associated risks.After outlining several implications of big data on competition policy, we address some of the myths about big data and competition law. These myths paint with a broad brush …
Embracing A Rich Diversity Promoting Diversity Among Patrons And Staff, Shamika Dalton
Embracing A Rich Diversity Promoting Diversity Among Patrons And Staff, Shamika Dalton
College of Law Faculty Scholarship
No abstract provided.
A Perplexing Paradox: 'De-Statification' Of 'Investor-State' Dispute Settlement?, Becky Jacobs
A Perplexing Paradox: 'De-Statification' Of 'Investor-State' Dispute Settlement?, Becky Jacobs
College of Law Faculty Scholarship
This Essay considers the perplexingly paradoxical demand that states be virtually removed from investor-state dispute settlement (ISDS). It also briefly considers the various critiques of, and possible reforms or adjustments to, existing ISDS systems, particularly those related to the right of state parties to pursue legitimate public policy objectives, such as the protection of public health, safety, the environment or public morals; social or consumer protection; or the promotion and protection of cultural diversity. Also considered are data and details of the involvement of African states in ISDS. The apparent “diversity deficit” pertaining to the participation of African nationals as …
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
College of Law Faculty Scholarship
Curiosity is an essential component of intellectual development. Not surprisingly, recent data indicate that curious students perform better academically than those who do not exhibit this personality trait. Thus, law professors should harness and nurture this characteristic in our students to improve their learning experiences. This essay considers a three-step pedagogical approach to curiosity as it relates to developing lawyering skills and social justice awareness and to the expansion of access to justice.
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
College of Law Faculty Scholarship
Curiosity is an essential component of intellectual development. Not surprisingly, recent data indicate that curious students perform better academically than those who do not exhibit this personality trait. Thus, law professors should harness and nurture this characteristic in our students to improve their learning experiences. This essay considers a three-step pedagogical approach to curiosity as it relates to developing lawyering skills and social justice awareness and to the expansion of access to justice.
Integrating The Internet, Brad Areheart
Integrating The Internet, Brad Areheart
College of Law Faculty Scholarship
This Article argues that the paradigmatic right of people with disabilities “to live in the world” naturally encompasses the right “to live in the Internet.” It further argues that the Internet is rightly understood as a place of public accommodation under antidiscrimination law. Because public accommodations are indispensable to integration, civil rights advocates have long argued that marginalized groups must have equal access to the physical institutions that enable one to learn, socialize, transact business, find jobs, and attend school. The Web now provides all of these opportunities and more, but people with disabilities are unable to traverse vast stretches …
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett, Michael Hoffheimer
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett, Michael Hoffheimer
College of Law Faculty Scholarship
This article shows that the Supreme Court's opinion in Daimler AG v. Bauman (2014) marks a significant departure from settled practice. It argues that the decision's restriction of general jurisdiction will prevent reasonable access to courts in some cases, eroding the power of state courts for the sake of achieving policy goals that are more appropriate for the political branches.
Harper Lee's First Novel: A Review Of Go Set A Watchman, Judy Cornett
Harper Lee's First Novel: A Review Of Go Set A Watchman, Judy Cornett
College of Law Faculty Scholarship
No abstract provided.
The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi
The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of quality are identified, measuring them represents additional challenges.To circumvent these challenges, competition authorities rely on several heuristics when assessing a merger’s, cartel’s or monopolistic restraint’s impact on quality. Often the heuristics work well for the competition authorities.Our paper, however, identifies several scenarios where these heuristics break down, when competition and quality are not positively correlated, and when an …
Marginalized Fathers And Demonized Mothers: A Feminist Look At The Reproductive Freedom Of Unmarried Men, Michael Higdon
Marginalized Fathers And Demonized Mothers: A Feminist Look At The Reproductive Freedom Of Unmarried Men, Michael Higdon
College of Law Faculty Scholarship
Just last month, in the state of Utah, twelve biological fathers filed suit, challenging the state’s adoption laws — laws the fathers allege permit “legalized fraud and kidnapping.” Specifically, these laws require nonmarital fathers to promptly take legal action in Utah to preserve their paternal rights. A problem arises, however, as mothers from other states have started traveling to Utah specifically to surrender newborn children for adoption. The fathers, unaware that their children are being placed for adoption in another state, fail to take action in Utah and, as a result, are permanently deprived of all parental rights. In that …
A Perplexing Paradox: "De-Statification" Of "Investor-State" Dispute Settlement?, Becky Jacobs
A Perplexing Paradox: "De-Statification" Of "Investor-State" Dispute Settlement?, Becky Jacobs
College of Law Faculty Scholarship
This Essay considers the perplexingly paradoxical demand that states be virtually removed from investor-state dispute settlement (ISDS). It also briefly considers the various critiques of, and possible reforms or adjustments to, existing ISDS systems, particularly those related to the right of state parties to pursue legitimate public policy objectives, such as the protection of public health, safety, the environment or public morals; social or consumer protection; or the promotion and protection of cultural diversity. Also considered are data and details of the involvement of African states in ISDS. The apparent “diversity deficit” pertaining to the participation of African nationals as …
"All Writs" In Bankruptcy And District Courts: A Story Of Differing Scope, George Kuney
"All Writs" In Bankruptcy And District Courts: A Story Of Differing Scope, George Kuney
College of Law Faculty Scholarship
No abstract provided.
The Disability-Employability Divide: Bottlenecks To Equal Opportunity, Brad Areheart
The Disability-Employability Divide: Bottlenecks To Equal Opportunity, Brad Areheart
College of Law Faculty Scholarship
Joseph Fishkin’s new book, Bottlenecks, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they hope to reach a range of opportunities on the other side. A significant component of the American opportunity structure that Bottlenecks leaves largely unexplored, however, relates to people with disabilities. This Review applies Fishkin’s theory to explore how disability law creates and perpetuates bottlenecks that keep people with disabilities from achieving a greater degree of human flourishing. In particular, disability …
A Perplexing Paradox: 'De-Statification' Of 'Investor-State' Dispute Settlement?, Becky Jacobs
A Perplexing Paradox: 'De-Statification' Of 'Investor-State' Dispute Settlement?, Becky Jacobs
College of Law Faculty Scholarship
This Essay considers the perplexingly paradoxical demand that states be virtually removed from investor-state dispute settlement (ISDS). It also briefly considers the various critiques of, and possible reforms or adjustments to, existing ISDS systems, particularly those related to the right of state parties to pursue legitimate public policy objectives, such as the protection of public health, safety, the environment or public morals; social or consumer protection; or the promotion and protection of cultural diversity. Also considered are data and details of the involvement of African states in ISDS. The apparent “diversity deficit” pertaining to the participation of African nationals as …
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
Cultivating Purposeful Curiosity In A Clinical Setting: Extrapolating From Case To Social Justice, Becky Jacobs
College of Law Faculty Scholarship
Curiosity is an essential component of intellectual development. Not surprisingly, recent data indicate that curious students perform better academically than those who do not exhibit this personality trait. Thus, law professors should harness and nurture this characteristic in our students to improve their learning experiences. This essay considers a three-step pedagogical approach to curiosity as it relates to developing lawyering skills and social justice awareness and to the expansion of access to justice.