Neo-Brandeis Goes To Washington: A Provisional Assessment Of The Biden Administration’S Antitrust Record,
2025
University of Michigan Law School
Neo-Brandeis Goes To Washington: A Provisional Assessment Of The Biden Administration’S Antitrust Record, Daniel A. Crane
Articles
In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) Antitrust Division Assistant Attorney General (“AAG”) Jonathan Kanter, and Special Assistant to the President for Technology and Competition Policy in the White House Tim Wu—were self-identified neo-Brandeisians, committed to returning antitrust policy to a contemporary version of Justice Louis Brandeis’s ideas. At the urging of Senator Elizabeth Warren, President Biden turned over his Administration’s antitrust policy to the neo-Brandeisians, who vowed to break antitrust’s …
Transport A Kryzys Klimatyczny: Wyzwania, Bariery I Rekomendowane Kierunki Transformacji Systemu Mobilności W Polsce,
2025
Politechnika Warszawska
Transport A Kryzys Klimatyczny: Wyzwania, Bariery I Rekomendowane Kierunki Transformacji Systemu Mobilności W Polsce, Stefan A. Jarecki, Jakub Majewski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article addresses the regulatory challenges facing the transport sector in the context of the climate crisis. It presents a comprehensive set of recommendations, emphasising the role of central and local governments in establishing relevant legal frameworks, spatial planning, and promoting sustainable mobility. Special importance is given to the development of rail transport as the most efficient alternative to road transport – both for freight and passenger services. The need to enhance the competitiveness of rail, and ensure a level playing field for all modes of transport, is also highlighted.
Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?,
2025
Chicago-Kent College of Law
Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?, Henry H. Perritt Jr.
Michigan Technology Law Review
Predominantly state trade secret law and exclusively federal patent law enjoy a sometimes-uneasy coexistence. Inventions almost always are secret until and unless they are patented; publicizing them for too long will negate the availability of a patent. Misappropriation of trade secrets often is accompanied by application for a patent on the same subject matter. This commonly occurs when an employee gains access to his employer’s trade secrets, quits, and then applies for a patent on them in his own name, maybe after going to work for a competitor of the original employer. It is also conceivable that the owner of …
Self-Regulation In Emerging And Innovative Industries,
2025
Texas A&M University School of Law
Self-Regulation In Emerging And Innovative Industries, Daniel E. Walters, Hannah J. Wiseman
Faculty Scholarship
Self-regulation—governance of firm behavior by private entities—has a long history both in the United States and globally, and there is an extensive literature on the topic. But there has been far less attention paid to the role self-regulation can play in spurring and enabling innovation and growth within emerging industries. These industries—both currently ascendant ones such as hydrogen and artificial intelligence, as well as formerly new (but now well established) activities in hydraulic fracturing and Internet communications—plausibly benefit from self-regulation’s ability to coordinate economic actors and reassure often skeptical publics. Examining the ways that self-regulation impacts this special type of …
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights,
2025
St. Mary's University
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho
Cardozo International & Comparative Law Review
Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, …
Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered,
2025
Benjamin N. Cardozo School of Law
Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert
Cardozo Arts & Entertainment Law Journal
The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.
Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions,
2025
Benjamin N. Cardozo School of Law
Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions, Adam Gaudet
Cardozo Journal of Conflict Resolution
This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses …
How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration,
2025
Benjamin N. Cardozo School of Law
How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration, Thomas Riley
Cardozo Journal of Conflict Resolution
During his seventeen-year tenure as Commissioner of the National Football League (NFL), Roger Goodell never testified at trial. However, that changed when a class of plaintiffs sued the NFL for antitrust violations, alleging the League artificially inflated the cost of its viewership package—NFL Sunday Ticket—and thereby harmed consumers. NFL Sunday Ticket is described as a “premium sports package” that allows fans to watch out-of-market games they otherwise would not be able to view in their current market. This David and Goliath moment was a chance to discipline the pricing of one of the most popular television products in the United …
"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses,
2025
Benjamin N. Cardozo School of Law
"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses, Sebastian Saavedra
Cardozo Arts & Entertainment Law Journal
The note explores the evolving nature of the right of publicity, a unique area of intellectual property and privacy law that protects individuals' control over their likeness and persona. It examines the challenges posed by emerging technologies, particularly AI-generated content, and advocates for a balanced approach that integrates elements from trademark and copyright law while respecting First Amendment rights. The analysis emphasizes the need to protect performers' rights to their public image without undermining established legal frameworks.
Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era,
2025
Benjamin N. Cardozo School of Law
Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era, Shreya Kalidindi
Cardozo Arts & Entertainment Law Journal
The note examines the evolution of advertising, particularly native advertising, and critiques the inadequacy of current regulatory frameworks in addressing its deceptive potential. It highlights how modern advertising practices, such as product placement in films like Barbie, blur the line between commercial speech and artistic expression, challenging the Federal Trade Commission’s (FTC) ability to protect consumers. The analysis argues that strengthening existing regulations is insufficient and advocates for empowering consumers to make informed decisions, as the legal system struggles to keep pace with innovative advertising strategies.
Brief Of Amici Curiae In Support Of Reversal On Question One,
2025
University of Richmond - School of Law
Brief Of Amici Curiae In Support Of Reversal On Question One, James Gibson
Law Faculty Publications
The Fourth Circuit’s decision to impose contributory liability Cox Communications, Inc. rests on a fundamental misapprehension of Cox’s role as a “conduit” Internet Service Provider. Conduits merely transmit data between endpoints; unlike content-hosting platforms like YouTube or search engines like Google, conduits do not store, curate, or control user content. They merely transmit data on behalf of third parties, and they have no ability to monitor the data they transmit. By treating Cox’s passive provision of Internet access and data transmission as a knowing, material contribution to infringement, the Fourth Circuit collapsed the crucial legal distinction between conduits and hosts, …
Ip, At, And Aaas: What Intellectual Property Can Teach Antitrust About The War On Amazon Basics,
2025
University of Richmond - School of Law
Ip, At, And Aaas: What Intellectual Property Can Teach Antitrust About The War On Amazon Basics, Kristen Osenga
Law Faculty Publications
Amazon is magical. Search the online marketplace for pretty much anything you can imagine—not to mention all the things you never imagined; you will likely find what you were searching for and be able to have it delivered in two days or less. The magic is not just in Amazon’s vast array of innovative consumer products but also in its providing access to goods that are unavailable locally. An extreme example of Amazon’s ability to supply goods that were not locally available may be found in the pandemic lockdowns of 2020, when neighborhood stores were out of toilet paper and …
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions,
2025
Huth Reynolds LLP
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
Cardozo Law Review de•novo
This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and deceptive practices,” continues to make ongoing efforts to clarify and enforce protecting shippers’ rights. These efforts focus particularly on (i) …
The Score Act Is Unconstitutional: Private Nondelegation Problems With Congress’S Latest Attempt To Regulate College Sports,
2025
Boise State University
The Score Act Is Unconstitutional: Private Nondelegation Problems With Congress’S Latest Attempt To Regulate College Sports, Sam C. Ehrlich, Ryan M. Rodenberg
Cardozo Law Review de•novo
The Student Compensation and Opportunity through Rights and Endorsements Act (“SCORE Act”) is Congress’s most ambitious effort yet to bring stability to college sports, codifying the recent House settlement while granting sweeping regulatory power to private athletic associations such as the National Collegiate Athletic Association (“NCAA”) and the College Sports Commission (“CSC”). However, by delegating policymaking authority to these private, self-interested entities without any sort of public oversight, the bill raises serious constitutional concerns under the private nondelegation doctrine. Drawing on parallels to a string of litigation involving the Horseracing Integrity and Safety Act (“HISA”) and recent Supreme Court signals, …
From The Editors,
2025
Europejski Instytut Uniwersytecki we Florencji (EUI)
From The Editors, Łukasz Gołąb, Mateusz Chołodecki, Leszek Borowiec
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Editorial
Is There A Regulator In The Polish Electronic Delivery Market? The Role Of The President Of Uke,
2025
European University Institute
Is There A Regulator In The Polish Electronic Delivery Market? The Role Of The President Of Uke, Mateusza Chołodecki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This paper examines the regulatory role of the President of the Office of Electronic Communications (UKE) within the electronic delivery market in Poland, focusing specifically on the statutory competencies granted by the Electronic Delivery Act. The paper identifies significant limitations of the President of UKE’s current regulatory scope, by analysing these competencies and their alignment with Poland’s postal and telecommunications regulatory frameworks. The analysis reveals that the regulatory powers of the President UKE that concern electronic delivery services are narrowly defined, primarily covering oversight over tariffs, T&Cs, and operator designation, without broader supervisory authority or clearly articulated regulatory objectives. Consequently, …
Risk Management For Authorising Railway Vehicles In The Eu Legal Framework,
2025
Instytut Kolejnictwa
Risk Management For Authorising Railway Vehicles In The Eu Legal Framework, Jan Maciej Siudecki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Safe integration of rolling stock with railway system requires comprehensive hazard identification and application of safety measures. There are different cases when European Union regulations demand carrying out risk assessment before a vehicle may be authorised to be placed on the market for both Rolling stock and Command and control signalling onboard subsystems. Specificities of each case are outlined and conclusions as to their scope and interactions between them are discussed. Practical examples of hazards that should be managed in each case are provided. Subsequently it is described, how conclusions from risk assessment impact results of conformity assessment, the authorisation …
Czy Unijne Przepisy Zapewniają Równą Ochronę Praw Pasażerów Kolei I Lotnictwa? Analiza Porównawcza Rozporządzeń (We) 261/2004 I (Ue) 2021/782 W Zakresie Prawa Do Opieki I Pomocy,
2025
Uniwersytet Warszawski, Warszawa
Czy Unijne Przepisy Zapewniają Równą Ochronę Praw Pasażerów Kolei I Lotnictwa? Analiza Porównawcza Rozporządzeń (We) 261/2004 I (Ue) 2021/782 W Zakresie Prawa Do Opieki I Pomocy, Zuzanna Kornacka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this article is to examine and compare the level of protection afforded to, respectively, airline and railroad passengers in terms of their right to care and assistance on the basis of Regulations (EC) 261/2004 and (EU) 2021/782. The scope of these two legal acts is analyzed, in order to verify whether the protection they provide is comprehensive. The competencies comprising the right to assistance in these EU Regulations are discussed to identify whether they provide similar support for passengers experiencing difficulties in traveling via both modes of transportation. The analysis draws on doctrinal views and the case …
Odmówić Dostępu Czy Rozebrać Tory? Zakres Doktryny Essential Facilities W Prawie Ue,
2025
University of Warsaw
Odmówić Dostępu Czy Rozebrać Tory? Zakres Doktryny Essential Facilities W Prawie Ue, Mateusz Kaik
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this article is to determine the scope of the essential facilities doctrine for single firm conduct in the area of EU law. The analysis of this issue was carried out using the following methods: dogmatic, comparative and historical. Based on the economic foundations of competition law, a set of boundary conditions for imposing an obligation on the undertaking occupying dominant position to provide facilities in order to protect downstream competition was formulated. This was followed by a review of key decisions of the Supreme Court of the United States on the essential facilities doctrine, which concluded that …
Entire Issue Vol. 14 No. 3,
2025
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Entire Issue Vol. 14 No. 3
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Vol 14(3)
