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Articles 1 - 22 of 22

Full-Text Articles in Law

Stay In The Fight With Civility And Professionalism, David Spratt Jan 2020

Stay In The Fight With Civility And Professionalism, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Contracts Are Like Snowflakes, David Spratt Jan 2019

Contracts Are Like Snowflakes, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton Jan 2018

Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton

Articles in Law Reviews & Other Academic Journals

Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions (also termed pricing parity provisions) can help protect competition in online markets. An online platform imposes a platform MFN when it requires that providers using its platform not offer their products or services at a lower price on other platforms. These contractual provisions may be employed by online platforms offering hotel and transportation bookings, consumer goods, digital goods, and handmade craft products. They have been the subject of antitrust enforcement in Europe but have drawn only limited antitrust scrutiny in the U.S. Our paper explains why MFNs employed by ...


If You've Seen One, You Have Not Seen Them All, David Spratt Jan 2017

If You've Seen One, You Have Not Seen Them All, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier Jan 2013

The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier

Articles in Law Reviews & Other Academic Journals

"Most Favored Nation" contractual provisions have come under scrutiny in recent years by antitrust authorities in both the US and EU. MFNs are a type of vertical agreement between suppliers and buyers. The literature has recognized that there may be efficiency rationales for these arrangements but the literature has also recognized that these arrangements have anticompetitive potential. In this paper, we distill the economics literature on MFNs to explore both possibilities.


Writer's Block - Resolve To Become A Better Writer, David Spratt Jan 2009

Writer's Block - Resolve To Become A Better Writer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt Jan 2008

More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Merger To Monopoly To Serve A Single Buyer: Comment, Jonathan Baker Jan 2008

Merger To Monopoly To Serve A Single Buyer: Comment, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder Jan 2008

Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder

Articles in Law Reviews & Other Academic Journals

This paper, commenting on the work of Jýrgen Basedow, addresses the legal regulation of economic relations in the context of globalization. The paper applies the idea of the mixed jurisdiction, traditionally focused on legal systems that partake of both the common law and the civil law, to the complex of privately made law and publicly made law that governs contemporary economic relations. Differing criteria that might be used to assess and choose between competing rules or competing systems of rule generation are evaluated, and normative considerations are raised. The paper proposes a model to demonstrate how privately made law, though ...


Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman Jan 2007

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Improving The Rolling Contract, Stephen E. Friedman Jan 2006

Improving The Rolling Contract, Stephen E. Friedman

American University Law Review

This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at ...


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Jan 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Articles in Law Reviews & Other Academic Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories ...


Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David Snyder Jan 2003

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush Jan 1999

Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder Jan 1999

The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker Jan 1997

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sovereignty And Regionalism, Horacio A. Grigera Naón Jan 1996

Sovereignty And Regionalism, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker Jan 1996

Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker Jan 1988

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker Jan 1988

Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker Jan 1984

Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.