Law Commons^™

The Social Discount Rate: Legal And Philosophical Underpinnings, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Discounting of deferred impacts of government policies is a long-established practice that has been the target of substantial litigation and continued philosophical debate. Legal challenges to the social rate of discount have resulted in general acceptance of the principle of discounting at a nonzero rate for both monetary and nonmonetary impacts. Courts have displayed a general familiarity with discounting and often require transparent justification for the selection of the discount rate based on established scientific principles. The philosophical issues are more wide-ranging and include whether nonmonetary impacts should be discounted, the use of the opportunity cost of capital or the …

Inspections In Private Premises Under Slovak Competition Law: Did The Implementation Of The Ecn+ Directive Miss The Point?, Mária T. Patakyová, Mária Patakyová

Yearbook of Antitrust and Regulatory Studies

We face the era when tech giants are getting ever more powerful, when there are subtle ways of collusion via algorithms, and when home offices are the new normal. One would expect competition authorities to have suitable tools to investigate any infringement of competition law even under these difficult conditions. Inspections are arguably the most powerful investigatory tool within the realm of the powers of competition authorities. Although inspections are very often conducted in business premises, there might be a need to search private premises too. Regulation 1/2003 has recognised this need for almost two decades. The ECN+ Directive expects …

The Superfluous Rules Of Evidence, Jeffrey Bellin

Faculty Publications

There are few American legal codifications as successful as the Federal Rules of Evidence. But this success masks the project’s uncertain beginnings. The drafters of the Federal Rules worried that lawmakers would not adopt the new rules and that judges would not follow them. As a result, they included at least thirty rules of evidence that do not, in fact, alter the admissibility of evidence. Instead, these rules: (1) market the rules project, and (2) guide judges away from anticipated errors in applying the (other) nonsuperfluous rules.

Given the superfluous rules’ covert mission, it should not be surprising that the …

Navigating Risk In Vendor Data Privacy Practices: An Analysis Of Elsevier's Sciencedirect, Becky Yoose, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

As libraries transitioned from buying materials to licensing content, serious threats to privacy followed. This change shifted more control over library user data (and whether it is collected or kept at all) from the local library to third-party vendors, including personal data about what people search for and what they read. This transition has further reinforced the move by some of the largest academic publishers to move beyond content and become data analytics businesses that provide platforms of tools used throughout the research lifecycle that can collect user data at each stage. These companies have an increasing incentive …

Report To The U. S. Congress On Financing Mechanisms For Open Access Publishing Of Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary The White House Office of Science and Technology Policy (OSTP) submits this report to the Appropriations Committees of the Senate and the House in fulfillment of the requirement in the Committee Report accompanying the Consolidated Appropriations Act, 2023 (P.L. 117-328) for financing mechanisms for open access publishing of federally funded research.1 According to that Report, “The Committee recognizes the considerable progress made by OSTP” and “encourages OSTP to continue its efforts to coordinate the implementation of public access policies across Federal departments and agencies and to identify additional opportunities to enhance access to the results of Federally funded …

More Than A Decade Of The Slovak Settlement Regime In Antitrust Matters: From European Inspirations To National Inventions, Ondrej Blažo

Yearbook of Antitrust and Regulatory Studies

The settlement procedure in Slovakia stems from three sources of inspiration: top-to-bottom (European Union law), bottom-up (incentive of an undertaking’s lawyer) and horizontal sources (Czechia). After more than ten years of application of this feature of Slovak competition law, there are several cases which were settled. These cases show a certain variety from the point of view of the legal basis, the stage of procedure as well as the character or relevance of the case. This makes it possible to assess their features, practice, effects, and consequences of settlements from the empirical point of view. The present paper analyses the …

Selective Enforcement And Multi-Party Antitrust Infringements: How To Handle "Unilateral Agreements"?, Jan Polański

Yearbook of Antitrust and Regulatory Studies

In cartel cases, there are good policy reasons to investigate all cartel members and to address a decision to each of them. Yet, the case is different when it comes to vertical infringements. Vertical infringements often involve more undertakings, but their continued existence depends on the participation of e.g. wholesalers. In consequence, antitrust authorities might be interested in pursuing a policy of selective enforcement and targeting investigations at single undertakings, even despite the fact that such infringements are multi-party ones. This, however, raises concerns whether such an approach is valid and how it affects the rights of defence. Taking into …

The Role Of The Judiciary In Effective Enforcement Of Competition Law In New Jurisdictions: The Case Of Kosovo, Avdylkader Mucaj, Isuf Zejna

Yearbook of Antitrust and Regulatory Studies

This paper aims to discuss the role of the judiciary in the effective, or ineffective, enforcement of competition law. It analyses those jurisdictions that can still be considered ‘new’ in the field of competition law, in particular the case of Kosovo, and by using qualitative research methods. The paper addresses the main findings characterizing the weak enforcement of competition law by the judiciary in Kosovo over a period of a decade, that is, from when the courts have started hearing competition cases since 2010. On the other hand, the paper places special attention to the establishment of the Commercial Court …

Overview Of New Soft-Law Materials Designed To Promote Competition Law Compliance In Serbia, Maja Dobrić

Yearbook of Antitrust and Regulatory Studies

The last three years have been very dynamic for the competition authority in Serbia. The newly elected Council and President of the Commission for Protection of Competition (Serbian NCA) have brought a much-needed change to competition enforcement in Serbia, shifting the focus of enforcement from solely individual cases, to looking at the bigger picture and promoting competition law compliance as the preferred business model. During this period, the Serbian NCA has published several soft-law instruments, issuing its first Guidelines for Drafting compliance programmes, accompanied by a Template compliance programme and two compliance Checklists, aimed at identifying competition law related risks. …

Between Scylla And Charybdis. Whatever A Member State Does, It May Expose Itself To Attacks From Both Sides. Lux Express Estonia As Case C-614/20, Lux Express Estonia As, Judgment Of The Court Of Justice (First Chamber) Of 8 September 2022, Eu:C:2022:641, Marek Rzotkiewicz

Yearbook of Antitrust and Regulatory Studies

Member States do not need to use state resources when they accomplish their mission. They may employ resources of private undertakings by imposing on them obligations to provide services of general interest (SGI). The latter choice provides Member States with many benefits. But Member States need to be sure that the scheme they created complies with the rules on State aid law. Some Member States make sure that private undertakings carrying out SGI do not obtain the full remuneration for their services. However, the Court’s judgment in Lux Express Estonia has the potential to change this mechanism, especially as the …

8th Competition Law And Policy Conference In Memory Of Prof. Vedran Šoljan “Goals Of Competition Law And The Changing World”, Dubrovnik, Croatia, 25–27 May 2023, Jasminka Pecotic Kaufman

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Webinar “Judicial Review Of Competition Cases: The Cee And See Countries Perspectives” 14 June 2023, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of contents

The Nightmare Of Dream Advertising, Dustin Marlan

William & Mary Law Review

Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …

Election Subversion And The Writ Of Mandamus, Derek T. Muller

William & Mary Law Review

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if successful, would render the right to vote illusory. These threats call for a response. But rather than recommend the development of novel tools to address the problem, this Article argues that a readily available mechanism is at hand for courts to address election subversion: the writ of mandamus. This Article is the first comprehensive piece to situate the …

Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson

Vanderbilt Journal of Entertainment & Technology Law

While cities can use their power to enact zoning ordinances and create historic preservation districts, these preservation ordinances vary widely across the United States, from allowing almost any type of development to strictly limiting any new development that does not match existing height, density, and use patterns. Within this framework, state legislatures have often limited the types of regulatory actions cities may take, as cities are merely political subdivisions of the state. Some states—known as “Dillon’s Rule” states—restrict cities from taking novel legislative approaches to existing policy issues, such as affordable housing, unless those powers are expressly provided to the …

Regulation Priorities For Artificial Intelligence Foundation Models, Matthew R. Gaske

Vanderbilt Journal of Entertainment & Technology Law

This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a regulatory scheme can prioritize only two of three aims when considering AI oversight: (1) promoting innovation, (2) mitigating systemic risk, and (3) providing clear regulatory requirements. Specifically, this Article expressly connects legal scholarship to research in other fields focusing on foundation model AI systems and explores this kind of system’s implications for regulation priorities from the geopolitical and …

Copyright's Lost Art Of Substantial Similarity, Sandra M. Aistars

Vanderbilt Journal of Entertainment & Technology Law

Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments on a trend among courts hearing visual arts cases to de-emphasize substantial similarity analyses and shift infringement determinations almost entirely to the fair use defense.

The trend has troubling procedural fairness consequences. Without a full evidentiary record about the artworks they encounter in infringement cases, courts’ ability to properly evaluate whether the use of appropriated material in a …

Mda Foundation: Mda Foundation Teams Up With Victors For Veterans Program, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation partners with the Victors for Veterans (V4V) program to provide dental care to impoverished veterans in Michigan, especially those with disabilities, homelessness, or limited income. The program, established in 2012, currently operates in the VINA Community Dental Center in Brighton, Michigan, providing free dental services to veterans in the region. The MDA Foundation supports this initiative with grants to secure clinic space, enabling 30 to 60 veterans to receive comprehensive dental care annually. Dental students at the University of Michigan School of Dentistry volunteer their time and skills and precept dentists oversee patient care.

Staff Matters: How Can We Be More Creative With Our Benefits?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As open enrollment for health benefits approaches, this column discusses creative and cost-effective benefit offerings to attract and retain employees. The focus is on innovative benefits beyond traditional health, life insurance, and retirement plans. Suggestions include pet insurance, paid volunteer time, lunch and learn sessions, and flexible scheduling to accommodate employees' needs, particularly working parents and those with caregiving responsibilities. The importance of seeking employee input in benefit planning is emphasized for discovering practical, employee-desired options.

Dentistry And The Law: Problems With Referral Incentives Explained, Dan Schulte Jd

The Journal of the Michigan Dental Association

Incorporating referral incentives in dentistry, like gift cards or raffles, can present ethical and legal issues. The MDA's ethical rule 4.E prohibits rebates or fee splitting, extending to any referral source, including patients. Gift cards may be perceived as rebates. Raffle tickets are less problematic, but only the winner gains something of value. State law (MCL 333.16221) deems fee division unethical. For insurance and dental plan agreements, check for clauses mandating specific fee schedules and discouraging referral fees to ensure compliance. Federal laws might also apply if incentives are used for Medicaid or Medicare patients.

Coaching And Laissez-Faire Leadership Styles, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

Editor Dr. Michelle C. Dziurgot discusses the differences between coaching and laissez-faire leadership styles in dentistry. Coaching leaders motivate and educate their team members, fostering collaboration and improvement. In contrast, laissez-faire leaders take a more hands-off approach, allowing team members to make decisions independently. The author, a dentist, describes how she combines both styles in her practice, emphasizing the importance of educating and coaching team members while allowing them to take ownership of their roles. The editorial highlights the need for patient engagement in oral health care and the importance of coaching patients to take an active role in their …

U-M’S Sindecuse Museum Of Dentistry: A Treasure In Our Own Backyard, Tamara Barnes

The Journal of the Michigan Dental Association

Discover the University of Michigan's Gordon H. Sindecuse Museum of Dentistry, a captivating journey through dental history. Founded in 1992 with contributions from Dr. Gordon Sindecuse, a 1921 dental school graduate, this museum offers a treasure trove of over 15,000 artifacts from the 18th to the 21st century. The main exhibits depict the evolution of dentistry from its humble origins, showcasing groundbreaking innovations, including electrification, anesthesia, and dental hygiene. Special exhibits explore dental practices' social and cultural aspects, such as teeth modifications for self-expression. The museum embraces technology with QR codes and offers diverse programming, making it an educational and …

Advocacy Spotlight: Important: State Issues Changes To Delegation Of Duties Rules, Neema Katibai Jd

The Journal of the Michigan Dental Association

The Michigan Board of Dentistry has introduced changes to the rules governing the delegation of duties to dental auxiliaries, including the reclassification of "dental assistants" (those not formally trained or licensed) as "unregistered dental auxiliaries" (UDAs). The classification Registered Dental Assistant (RDA) remains. Changes involve the supervision levels for specific tasks and guiding training UDAs for orthodontic duties. Notable changes include allowing UDAs to perform certain orthodontic tasks and expanding their scope of work to include duties such as taking impressions, polishing, and providing nutritional counseling. Dental professionals should know these changes and the supervision required for delegation to UDAs …

The Back Page Commentary: Let’S Talk About The Real World, Danielle Gehlert Dds

The Journal of the Michigan Dental Association

Dr. Danielle Gehlert, a private practitioner, writes that in the realm of continuing education for dental professionals, there's a need for a shift in focus from idealized, "sexy" cases to real-world patient scenarios. This commentary calls for seminars and programs emphasizing long-term restorative planning, including successes and failures. The practical considerations of patient financial limitations and willingness to engage in dental care must be integral to treatment plans. Real-world cases should reflect the diverse situations dental practitioners encounter and the ethical responsibility to provide affordable and effective treatment options.

Jurisdiction Beyond Our Borders: United States V. Alcoa And The Extraterritorial Reach Of American Antitrust, 1909–1945, Laura Phillips Sawyer

Scholarly Works

Chapter in the book Antimonopoly and American Democracy by Daniel A. Crane and William J. Novak, eds., Oxford University Press, 2023.

In 1945, Judge Learned Hand wrote one of the most influential opinions in modern antitrust law. In declaring that the Aluminum Company of America (Alcoa) had illegally monopolized the industry for virgin aluminum and had participated in an illegal international cartel, Hand both revived and extended American antitrust law. The ruling is famous for several reasons: it narrowly defined the relevant market in favor of the government; it expanded the category of impermissible dominant firm conduct; it interpreted congressional …

Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

J Mich Dent Assoc November 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on The University of Michigan's Gordon H. Sindecuse Museum of Dentistry.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and component news.

This issue also includes two articles reprinted with permission.

• A feature from Ontario Dentist on The Challenge of False Belief: …

Affect Theory, The Perceived Impact Of Judicial Diversity, And The Gender Pay Gap In The Irish Legal Profession, Caoimhe Kiernan

Books/Book Chapters

This chapter investigates how affect theory can be used as a framework when examining judicial diversity, along with how affect theory can be used to help explore the impact of increasing gender diversity on the Irish bench. This chapter will first examine the current gender pay gap in the Irish legal profession, the status of women in Ireland throughout the 20th Century, recount the women’s movement of the 1960’s and 1970’s and discuss the appointment of the first women judges to Irish courts. Affect theory will then be explored, including how affect theory can be applied as a framework when …