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Full-Text Articles in Law

Antitrust Antitextualism, Daniel A. Crane Mar 2021

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and ...


Patent Privateers And Antitrust Fears, Matthew Sipe Jul 2016

Patent Privateers And Antitrust Fears, Matthew Sipe

Michigan Telecommunications & Technology Law Review

Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of ...


Peggy Radin, Mentor Extraordinaire, R. Anthony Reese Oct 2015

Peggy Radin, Mentor Extraordinaire, R. Anthony Reese

Michigan Telecommunications & Technology Law Review

I write to celebrate Peggy Radin’s contributions to the legal academy in her role as a mentor. I know that others will speak to her significant scholarly achievements and important contributions across several fields. I want to pay tribute to the substantial time and energy that Peggy has devoted over the course of her career to mentoring students and young academics. I was extremely fortunate to have had a handful of mentors who helped me become a law professor. (I am also extremely fortunate that some of those mentors became generous senior colleagues who occasionally continue to help me ...


Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis Jan 2014

Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis

University of Michigan Journal of Law Reform

Antitrust law is designed to be an overarching check against anticompetitive conduct that harms the free market system. Almost as soon as the first antitrust laws were enacted in the United States, however, industry groups began lobbying Congress for exemptions from these laws. Most of the statutory exemptions created over the last one hundred years remain in place, despite widespread changes in economic theory, market structures, and overall antitrust law. Today, some exemptions are merely irrelevant, while others actively harm society by transferring wealth to private individuals and hampering beneficial competition. This Note proposes a fourpart legislative solution to rid ...