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Antitrust and Trade Regulation Commons™
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Articles 31 - 60 of 79
Full-Text Articles in Antitrust and Trade Regulation
Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda
Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Scholarly Articles
None available.
Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan
Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan
Vanderbilt Journal of Entertainment & Technology Law
This Note begins by introducing some of the more recently founded professional sports leagues, identifying their background and single-entity structures. It then provides a general background of antitrust issues in sports, followed by explanations of the possible defenses, including the single-entity structure. Next, it discusses Fraser as a potential landmark case for professional sports leagues, showing how its lessons contribute to the current mode of antitrust analysis. Finally, this Note illustrates why single-entity structuring may be essential for leagues in their infancy, but of little use to well-established professional sports leagues.
Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller
Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller
UIC Law Review
No abstract provided.
The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey
The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey
Human Rights Brief
No abstract provided.
The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers
The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers
Journal of Law and Health
The text to follow is intended to provide an overview of the legal basis for the imbalance of power currently inherent to the health care industry, suggesting several reasons for its development. It also provides an outline of the current basis for antitrust liability in this country and describes some possible solutions. The most practical and effective means through which to rectify this imbalance would be to enact new federal legislation that would amend the antitrust laws to allow for limited "unionization" of independently practicing physicians for collective bargaining purposes.
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Animal Law Review
Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …
Allchin’S Folly: Exploring Some Myths About Open Source Software, Joe Miller
Allchin’S Folly: Exploring Some Myths About Open Source Software, Joe Miller
Scholarly Works
The twists and turns in the government’s antitrust case against Microsoft – from the D.C. Circuit’s stormy questioning at the two day oral argument in late February 2001 to its affirmance of the lion’s share of the government’s case in June 2001, and then from the settlement between the United States and Microsoft to the continuing battle by nine states for tougher sanctions – have garnered their share of press attention. But the high-profile antitrust case has not been the only Microsoft-centered controversy during the past year. Another involves the open source software movement about which Microsoft has professed grave …
Antitrust - Being A Player Against A Monopoly - How Plaintiffs Can Pass Go And Collect $200: The Third Circuit's Requirements For Consumer Standing Under Sections 4 And 16 Of The Clayton Act, Michael Puleo
Villanova Law Review (1956 - )
No abstract provided.
International Decision: Waste Management, Inc. V. Mexico, William S. Dodge
International Decision: Waste Management, Inc. V. Mexico, William S. Dodge
Faculty Scholarship
No abstract provided.
International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge
International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge
Faculty Scholarship
No abstract provided.
Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge
Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge
Faculty Scholarship
No abstract provided.
Airline Antitrust: Getting Past The Oligopoly Problem, Eli A. Friedman
Airline Antitrust: Getting Past The Oligopoly Problem, Eli A. Friedman
University of Miami Business Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Maximum Vertical Price Fixing From Albrecht Through Brunswick To Khan: An Antitrust Odyssey, James M. Fesmire
Maximum Vertical Price Fixing From Albrecht Through Brunswick To Khan: An Antitrust Odyssey, James M. Fesmire
Seattle University Law Review
The article attempts to sort out some of this confusion caused by the legal journey from Albrecht to Khan by portraying that long road as a successful example of the antitrust injury doctrine's ability to bring substantive antitrust law into compliance with the goals of antitrust. First, the article examines how the existence of successive monopoly provides an incentive for maximum vertical price fixing and how maximum vertical price fixing leads to an increase in consumer welfare. Second, it examines manufacturer alternatives to vertical price restraints, finding them less attractive in terms of social welfare. Third, the article analyzes other …
The Antitrust Conversation, Stephen Calkins
The Antitrust Conversation, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner
The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner
Richmond Journal of Law & Technology
Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
Richmond Journal of Law & Technology
Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …
Remarks On The Background And Development Of Ucita, Joe T. May
Remarks On The Background And Development Of Ucita, Joe T. May
Richmond Journal of Law & Technology
I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology of events that led …
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Richmond Journal of Law & Technology
In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of …
Ucita And The Virginia General Assembly, Joe T. May
Ucita And The Virginia General Assembly, Joe T. May
Richmond Journal of Law & Technology
The outline for Joe T. May's speech.
Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley
Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley
Richmond Journal of Law & Technology
I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …
Remarks On Ucita In Practice: Attorney Views, Richard Grier
Remarks On Ucita In Practice: Attorney Views, Richard Grier
Richmond Journal of Law & Technology
I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …
Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel
Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel
Richmond Journal of Law & Technology
Well, UCITA has been in effect since October 1, 2000, and I am here today telling you about it in Maryland. Maryland adopted it after Virginia, but [Virginia] has a delayed effective date. The law has been effective, and in fact we are busy fixing it or changing it at this moment in the Maryland legislature. We had the privilege to work for a coalition of software companies lobbying this legislation through the Maryland legislature. We were assisted just a little bit by the Governor and the Speaker of the House. So we've been working with the law probably longer …
The Language Of Law And The Language Of Business, Spencer Weber Waller
The Language Of Law And The Language Of Business, Spencer Weber Waller
Faculty Publications & Other Works
No abstract provided.
Antitrust As Consumer Choice: Comments On The New Paradigm, Spencer Weber Waller
Antitrust As Consumer Choice: Comments On The New Paradigm, Spencer Weber Waller
Faculty Publications & Other Works
No abstract provided.
Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart
Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart
Cardozo Journal of International and Comparative Law
The note examines the inefficiencies of the current dual merger regulation system between the U.S. and EU, particularly in cases involving large corporations like Dow Chemical and Union Carbide. It argues that the similar approval processes of both jurisdictions lead to redundant filings and wasted resources. The note proposes a reformed system where mergers are primarily regulated by the jurisdiction where the companies are incorporated, with joint regulation only in specific circumstances, such as significant market impact or monopolies.
Banking, Antitrust, And Derivatives: Untying The Antitying Restrictions, Christian A. Johnson
Banking, Antitrust, And Derivatives: Untying The Antitying Restrictions, Christian A. Johnson
Buffalo Law Review
No abstract provided.
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Faculty Articles
The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …
Antitrust Excitement In The New Millennium: Microsoft, Mergers, And More, Carol B. Swanson
Antitrust Excitement In The New Millennium: Microsoft, Mergers, And More, Carol B. Swanson
Oklahoma Law Review
No abstract provided.