Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal history

Economics

Selected Works

Articles 1 - 2 of 2

Full-Text Articles in Law

Antitrust Energy, D. Daniel Sokol, Barak Orbach Nov 2014

Antitrust Energy, D. Daniel Sokol, Barak Orbach

D. Daniel Sokol

Marking the centennial anniversary of Standard Oil Co. v. United States, we argue that much of the critique of antitrust enforcement and the skepticism about its social significance suffer from “Nirvana fallacy” — comparing existing and feasible policies to ideal normative policies, and concluding that the existing and feasible ones are inherently inefficient because of their imperfections. Antitrust law and policy have always been and will always be imperfect. However, they are alive and kicking. The antitrust discipline is vibrant, evolving, and global. This essay introduces a number of important innovations in scholarship related to Standard Oil and its modern …


Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel Dec 2006

Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel

William G. Merkel

In "Gun Ownership in Early America," published in the William and Mary Quarterly in 2003,' Robert Churchill drew on probate inventories and militia records to make the case that arms ownership was pervasive in late colonial, revolutionary, and early national America. Churchill concluded with the observation that "[i]t is time to ponder what these guns meant to their owners and how that meaning changed over time."'2 In his substantial contribution to this volume of Law and History Review,3 Churchill takes up that challenge himself and advances the claim that widespread arms ownership engendered a sense of possessory entitlement, and that …