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Full-Text Articles in Law

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page Nov 2015

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page

William H. Page

In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts' narrowing of per se rules of illegality and the courts' expansion of certain areas of factual inquiry. At the same time, however, courts have limited the scope of allowable expert testimony through the methodological strictures of Daubert and its progeny and through heightened sufficiency requirements. In this Article, Professors Page and Lopatka make four important points about these judicially imposed constraints ...


The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun Jan 2013

The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun

Pepperdine Law Review

No abstract provided.


The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Robert H. Lande, Joshua P. Davis Jan 2013

The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Robert H. Lande, Joshua P. Davis

All Faculty Scholarship

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice.

In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is ...


The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande Dec 2011

The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande

Joshua P. Davis

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice. In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is ...


Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck Jan 2009

Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck

Oklahoma Law Review

No abstract provided.


Updating Our Understanding Of The Role Of Lawyers: Lessons From Mastercard, Scott R. Peppet Jan 2007

Updating Our Understanding Of The Role Of Lawyers: Lessons From Mastercard, Scott R. Peppet

Articles

No abstract provided.


Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page Mar 2005

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page

UF Law Faculty Publications

In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts' narrowing of per se rules of illegality and the courts' expansion of certain areas of factual inquiry. At the same time, however, courts have limited the scope of allowable expert testimony through the methodological strictures of Daubert and its progeny and through heightened sufficiency requirements. In this Article, Professors Page and Lopatka make four important points about these judicially imposed constraints ...


Antitrust Law: Indirect Purchaser Standing To Sue In Oklahoma - Major V. Microsoft Corp., Keith D. Tracy, Ronald L. Walker Jan 2004

Antitrust Law: Indirect Purchaser Standing To Sue In Oklahoma - Major V. Microsoft Corp., Keith D. Tracy, Ronald L. Walker

Oklahoma Law Review

No abstract provided.


Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer Jan 1995

Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer

Articles

No abstract provided.


The Changing Face Of American Corporate Law Practice, John Flood Jan 1988

The Changing Face Of American Corporate Law Practice, John Flood

Articles by Maurer Faculty

The professions of the 1980s are completely different from the situation in the 1930s. They are now subject to the norms of business rather than the standards of professionalism.1 It is part of the purpose of this article to show that the practice of law has become a business like any other business activity. As a result of this trans formation, the norms and standards so often identified with the professions have eroded.

In the next part of the article, I outline some of the demographic changes that have taken place in the legal profession and the reasons for ...