Using Competition Law To Promote Access To Knowledge,
2010
American University Washington College of Law
Using Competition Law To Promote Access To Knowledge, Sean Flynn
Contributions to Books
One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K movement’s advocacy for limitations of intellectual property rights is located within the field of intellectual property law – promoting the inclusion and use of balancing mechanisms within the laws granting intellectual property rights. But intellectual property rights are also shaped and limited by their interaction with other …
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?,
2010
University of Michigan Law School
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane
Articles
During both economic crises and wars, times of severe national anxiety, antitrust has taken a back seat to other political and regulatory objectives. Antitrust enforcement has often been a political luxury good, consumed only during periods of relative peace and prosperity. In 1890, the Sherman Act's adoption kicked off the era of national antitrust enforcement. Barely three years later, the panic of 1893 provided the first major test to the national appetite for antitrust enforcement. Perhaps 1893 should not be included in the story: antitrust was still young, and it was not even clear that the Sherman Act applied to …
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel,
2010
University of Michigan Law School
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Articles
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …
Did Trinko Really Kill Antitrust Price Squeeze Claims?,
2010
Vanderbilt University Law School
Did Trinko Really Kill Antitrust Price Squeeze Claims?, Caroline C. Rudaz
Vanderbilt Journal of Transnational Law
This Article presents a critical analysis of the Linkline case that refuses to recognize price squeeze claims as antitrust claims under § 2 of the Sherman Act. It argues that Linkline gives a distorted reading of Trinko without giving proper attention to the application of § 2 of the Sherman Act. The Linkline decision takes a dogmatic position and thus, while refuting the Alcoa decision, appears to be a missed opportunity to more precisely define price squeezing.
This Article offers a comparison between the U.S. Supreme Court's decision and the recent European decisions delivered in broadband access cases that are …
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway,
2010
Benjamin N. Cardozo School of Law
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Recent Development: The Anti-Counterfeiting Trade Agreement,
2010
Benjamin N. Cardozo School of Law
Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob
Cardozo Arts & Entertainment Law Journal
No abstract provided.
As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc.,
2010
Benjamin N. Cardozo School of Law
As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc., Ellie Mercado
Cardozo Arts & Entertainment Law Journal
No abstract provided.
International Disparities Panel,
2010
American University Washington College of Law
International Disparities Panel, Sean Flynn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
What Carrier Doesn't Address,
2010
University of Colorado Law School
Ask The Professor: Portfolio Margining – How Will Dodd-Frank Impact Its Utilization?,
2010
New York Law School
Ask The Professor: Portfolio Margining – How Will Dodd-Frank Impact Its Utilization?, Ronald Filler
Articles & Chapters
This article analyzes the background and current status of portfolio margining, how it has evolved over the past several years, and how the recent Dodd-Frank Act will impact its utilization and effectiveness. Portfolio margining allows a broker-dealer to analyze a client's total overall portfolio from a risk-based analytical model, establishing the proper minimum initial margin requirements for the entire portfolio applying certain parameters. To be a more effective tool, changes to the U.S. Bankrupcty Code were needed. The Dodd-Frank Act made those legislative changes. It's now up to the regulators to make portfolio margining an even more effective and utilized …
