Labor Organization In Ride-Sharing: Unionization Or Cartelization?,
2021
University of Idaho College of Law
Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson
Articles
The sharing economy brings together the constituent parts of a business enterprise into a structure that, on its surface, resembles a business firm, but in crucial ways is nothing like the traditional firm. This includes the ownership of the primary capital assets used in the business, as well as one of the most fundamental features of a firm-the relationship with its labor force. Sharing economy workers are formally contractors, running small businesses as sole entrepreneurs, with the effect that they are excluded from many of the protections made available to workers across the economy. The result is a seeming disparity …
UIC School of Law
The State Of Trade Secret Protection In China In Light Of The U.S.-China Trade Wars: Trade Secret Protection In China Before And After The U.S.-China Trade Agreement Of January 15, 2020, 20 Uic Rev. Intell. Prop. L. 108 (2021), Paolo Beconcini
UIC Review of Intellectual Property Law
No abstract provided.
Corporate Entanglement With Religion And The Suppression Of Expression,
2021
Seattle University School of Law
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Seattle University Law Review
The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is …
Hidden Rules Of A Modest Antitrust,
2021
University of Kentucky Rosenberg College of Law
Hidden Rules Of A Modest Antitrust, Ramsi Woodcock
Law Faculty Scholarly Articles
Reforming antitust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that enforcers do bring. Enforcement costs matter because enforcers’ budgets are limited—they have failed for a long time to keep up with GDP—and the rule of reason’s emphasis on case-specific effects makes it costly for enforcers to identify good cases to bring. The Supreme Court’s adoption of the rule of reason approach …
Christianity And Antitrust,
2021
University of Michigan Law School
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Book Chapters
The purpose of this chapter is to consider whether the Christian faith has a nexus with the institution of antitrust. It turns out it doesn’t – and it does. For example, Christianity cannot explain why the Herfindahl–Hirschman Index is superior to the four-firm concentration ratio as a measure of industry concentration. Economics can. On the other hand, economics cannot explain why the per se rule against price-fixing is morally appropriate. The Bible can.
Alternative Trading Platforms In The United States: Incentives For Innovation In The Us Stock Market,
2021
University of Michigan Law School
Alternative Trading Platforms In The United States: Incentives For Innovation In The Us Stock Market, Gabriel V. Rauterberg
Book Chapters
Is something wrong with the structure of our stock market? Recent scholarship faults the equity market for its lack of innovation. In particular, commentators stringently criticize the continuous nature of modern trading for baking in a wasteful arms race for speed among high-frequency traders. Under their current structure, stock exchanges process incoming instructions to trade in the order they arrive and as quickly as possible, which means in millionths of a second or less. The result is a race for technological speed because market participants can earn profits from being the first to trade on new information, even when that …
Apple Inc. V. Pepper:The Future Of Software-Based Retail—Incalculable Damages And Duplicitous Liability,
2021
University of Maryland Francis King Carey School of Law
Apple Inc. V. Pepper:The Future Of Software-Based Retail—Incalculable Damages And Duplicitous Liability, Christopher Derian
Journal of Business & Technology Law
No abstract provided.
To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions,
2021
Catholic University of America (Student)
To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard
Catholic University Journal of Law and Technology
The purpose of this article is to analyze whether cloud service providers should be considered Systemically Important Financial Market Utilities (SIFMU), subjecting them to increased oversight. It also considers the risks and benefits associated with the use of the technology by financial institutions, as well as potential alternatives. Overall, this article argues that cloud service providers do not fall under the current SIFMU framework, and any regulation of the technology should strive to strike a balance between innovation and safe regulation.
Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments,
2021
Seattle University School of Law
Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting
Seattle University Law Review
In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce a uniform standard …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents.
A Monopoly Of Thought—How Growing Anticompetitive Practices On The Internet Affect Creative Work,
2021
Seattle University School of Law
A Monopoly Of Thought—How Growing Anticompetitive Practices On The Internet Affect Creative Work, Laurel Brown
Seattle University Law Review
This Note will address how dominant Internet companies detrimentally impact creative work and how legal solutions might be employed to combat the damage inflicted by online monopolies. Part I will focus on how certain Internet companies became dominant, showing an evolution from egalitarian ideals to the consolidated control of the World Wide Web (the web) by companies like Google, Facebook, and Amazon. In Part II, this Note will focus on how two particular companies—Google and Facebook—affect creative endeavors in their control of access to audiences and by determining the economics of content production on the Internet. Part III details what …
A Tale Of Two Interoperabilities; Or, How Google V. Oracle Could Become Social Media Legislation,
2021
American University Washington College of Law
A Tale Of Two Interoperabilities; Or, How Google V. Oracle Could Become Social Media Legislation, Charles Duan
Cardozo Law Review de•novo
The Supreme Court's recent decision in Google v. Oracle shares a perhaps unexpected connection with recent legislative proposals to enhance social media competition. At first glance they are seemingly unrelated: the former deals with copyright protection in certain portions of software code, while the latter relates to interconnection between dominant online platforms and their competitors. Yet they are closely intertwined, such that a competitive platform environment cannot be fully achieved without addressing lingering questions in Google. As a result, lawmakers ought to be motivated to address software copyrights and related matters as part of their efforts to improve competition among …
The Alarming Legality Of Security Manipulation Through Shareholder Proposals,
2021
Seattle University School of Law
The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
Shareholder proposals attract attention from scholars in finance and economics because they present an opportunity to study both quasidemocratic decision-making at the corporate level and the impact of this decision-making on firm outcomes. These studies capture the effect of various proposals but rarely address whether regulations should allow many of them in the first place due to the possibility of stock price manipulation. Recent changes to shareholder proposal rules, adopted in September 2020, sought to address the potential for exploitation that some proposals create (but ultimately failed to do so). This Article shows the potential for apparently legal stock price …
Can Computational Antitrust Succeed,
2021
Penn State Dickinson Law
Can Computational Antitrust Succeed, Daryl Lim
Faculty Scholarly Works
Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way that Amazon disrupted e-commerce through its inventory and sales algorithms and TikTok’s progressive recommendation system keeps users hooked, computational antitrust holds the promise to revolutionize antitrust law. Implemented well, computational antitrust can help courts curate and refine precedential antitrust cases, identify anticompetitive effects, and model innovation effects and counterfactuals in killer acquisition cases. The beauty of AI is that it can reach outcomes humans alone …
The Political Face Of Antitrust,
2021
Loyola University Chicago, School of Law
The Political Face Of Antitrust, Spencer Weber Waller, Jacob Morse
Faculty Publications & Other Works
The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions' competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.
The Political Face Of Antitrust,
2021
Loyola University Chicago, School of Law
The Political Face Of Antitrust, Spencer Weber Waller
Faculty Publications & Other Works
The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions' competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.
Antitrust's High-Tech Exceptionalism,
2021
Vanderbilt University Law School
Antitrust's High-Tech Exceptionalism, Rebecca H. Allensworth
Vanderbilt Law School Faculty Publications
American competition policy has four big problems: Amazon, Apple, Facebook, and Google. These companies each reign over a sector of the digital marketplace, controlling both the consumer experience and the possibility of competitive entry. This Essay argues that the conventional account of how antitrust law allowed this consolidation of market power - that it failed to evolve to address the market realities of the technology sector-is incomplete. Not only did courts fail to adapt antitrust law from its smoke-stack roots, but they gave big tech special dispensation under traditional antitrust doctrine. Swayed by prevailing utopic views about digital markets in …
Unifying Antitrust Enforcement For The Digital Age,
2021
Northwestern University
Unifying Antitrust Enforcement For The Digital Age, John O. Mcginnis, Linda Sun
Washington and Lee Law Review
As the digital revolution continues to transform competition among businesses, U.S. antitrust enforcement has struggled to remain effective. The U.S. has long depended on a system of dual antitrust enforcement through both the Federal Trade Commission (FTC) and the Department of Justice (DOJ). Modern technology has greatly exacerbated existing structural deficiencies of the two-headed approach, at times resulting in deadlock. The two agencies approach new antitrust issues generated by computational technologies differently and fight over who should lead key investigations, leading to economic uncertainty in the most important business sectors. These enforcement disagreements can also hobble the government’s response to …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
2020 International Trade Decisions Of The Federal Circuit,
2021
American University Washington College of Law
2020 International Trade Decisions Of The Federal Circuit, Kevin J. Fandl
American University Law Review
The Court of Appeals for the Federal Circuit (“CAFC”) hears appeals from the U.S. District Courts as well as the U.S. Court of International Trade (“CIT”) about trade-related matters. The 2020 term of the CAFC with respect to appeals from the CIT included fewer precedential decisions and a move to telephonic hearings in light of Covid-19. The resulting decisions included, as usual, mostly antidumping appeals, but also a handful of classification and countervailing duty cases. In the following pages, this Article provides a selection of those decisions that may have a bearing on similar cases moving through the system. These …
