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Articles 1 - 12 of 12
Full-Text Articles in Law
Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman
Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman
Chicago-Kent Law Review
The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …
Gene Patents And The Product Of Nature Doctrine, John M. Conley
Gene Patents And The Product Of Nature Doctrine, John M. Conley
Chicago-Kent Law Review
Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …
Human Gene Patents: Proof Of Problems?, Timothy Caulfield
Human Gene Patents: Proof Of Problems?, Timothy Caulfield
Chicago-Kent Law Review
The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
Faculty Scholarship
The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise price and curtail output. That tradeoff results …
The Intra-Enterprise Conspiracy Doctrine In American Needle Inc. V. National Football League: Antitrust Law Continues Its Path Toward Rationality, John O. Gunderson
The Intra-Enterprise Conspiracy Doctrine In American Needle Inc. V. National Football League: Antitrust Law Continues Its Path Toward Rationality, John O. Gunderson
Seventh Circuit Review
In American Needle Inc. v. National Football League, the Seventh Circuit was presented with the question of whether the National Football League and its affiliates should be held liable for a violation of the Sherman Act as a result of the league’s exclusive apparel licensing contract with Reebok. This article traces the evolution of the Supreme Court’s intra-enterprise conspiracy doctrine, which stated that even a parent company and its wholly owned subsidiary could conspire in such a way as to invoke the Sherman Act. The intra-enterprise conspiracy doctrine was overturned in Copperweld Corp. v. Independence Tube Corp. in …
Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Northern Illinois University Law Review
This case note provides an in depth discussion of Leegin Creative Leather Products, Inc. v. PSKS, Inc., in which the United States Supreme Court held that minimum resale price maintenance should be analyzed under the rule of reason, and thus striking down the century-old per se rule against vertical price fixing. After providing a brief overview of antitrust law, with a particular emphasis on Supreme Court vertical restraint jurisprudence, an in depth discussion of both the majority and dissenting Leegin opinions is provided. Next, the note argues that the Court erred in striking down the per se rule by finding …
Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis
Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis
All Faculty Scholarship
The goal of this Report is to take a first step toward providing an empirical basis for assessing whether private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. To do this the Report assembles, aggregates, and analyzes information about forty of the largest recent successful private antitrust cases. This information includes, inter alia, the amount of money each action recovered, what proportion of the money was recovered from foreign entities, whether the private litigation was preceded by government action, the attorneys' fees awarded to plaintiffs' counsel, on whose behalf money was recovered …
Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden
Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden
Fordham Journal of Corporate & Financial Law
No abstract provided.
Network Neutrality And The False Promise Of Zero-Price Regulation, C. Scott Hemphill
Network Neutrality And The False Promise Of Zero-Price Regulation, C. Scott Hemphill
Center for Contract and Economic Organization
This Article examines zero-price regulation, the major distinguishing feature of many modern "network neutrality" proposals. A zero-price rule prohibits a broadband Internet access provider from charging an application or content provider (collectively, "content provider") to send information to consumers. The Article differentiates two access provider strategies thought to justify a zero-price rule. Exclusion is anticompetitive behavior that harms a content provider to favor its rival. Extraction is a toll imposed upon content providers to raise revenue. Neither strategy raises policy concerns that justify implementation of a broad zero-price rule. First, there is no economic exclusion argument that justifies the zero-price …
All's Fair In Love And... Standard-Setting - The Third Circuit Says No To Deception And Yes To Antitrust Actions In Broadcom Corp. V. Qualcomm, Inc., Victoria Poulton
All's Fair In Love And... Standard-Setting - The Third Circuit Says No To Deception And Yes To Antitrust Actions In Broadcom Corp. V. Qualcomm, Inc., Victoria Poulton
Villanova Law Review
No abstract provided.
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
Faculty Scholarship
In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation--the Civil Rights Act of 1866--from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine--a doctrine that had …
Benefits From Private Antitrust Enforcement: Forty Individual Case Studies, Robert H. Lande, Joshua P. Davis
Benefits From Private Antitrust Enforcement: Forty Individual Case Studies, Robert H. Lande, Joshua P. Davis
All Faculty Scholarship
This Paper presents information about forty of the largest recent successful private antitrust cases. To do this, the paper gathers information about each case, including, inter alia, (1) the amount of money each action recovered for the victims of each alleged antitrust violation, (2) what proportion of the money was recovered from foreign entities, (3) whether government action preceded the private litigation, (4) the attorney's fees awarded to plaintiffs' counsel, (5) on whose behalf money was recovered (direct purchasers, indirect purchasers, or a competitor), and (6) the kind of claim the plaintiffs asserted (rule of reason, per se, or a …