An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act,
2021
Brooklyn Law School
An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher
Brooklyn Law Review
Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However, upon closer …
Competing Explanations For Parallel Conduct: Lessons From The Australian Detergent Case (Colgate-Palmolive),
2021
Cornell Law School
Competing Explanations For Parallel Conduct: Lessons From The Australian Detergent Case (Colgate-Palmolive), George Hay, E. Jane Murdoch
Cornell Law Faculty Publications
Parallel conduct by competing firms is an almost unavoidable phenomenon in the real world. Of course, parallel conduct can be the result of completely independent and uncontroversial behaviour, such as when all suppliers are affected by and respond unilaterally to an identical increase in costs. Few would suggest that, in such circumstances, the firms’ conduct should be subject to sanctions. At the other extreme, parallel conduct can be the result of interdependent and deliberately coordinated behaviour, such as when all suppliers meet in the proverbial smoke-filled room and agree to fix prices. Few would hesitate to condemn such conduct under …
The Implementation Of The European Green Deal – Tensions Between A Market-Based Approach And State Aid For Renewables,
2021
University of Utrecht
The Implementation Of The European Green Deal – Tensions Between A Market-Based Approach And State Aid For Renewables, Aleksandra Granat, Małgorzata Kozak
Yearbook of Antitrust and Regulatory Studies
Energy policies which promote a green transition are of particular interest to the European Commission and are one of the key elements of the European Green Deal. This article takes a close look at the interplay and tensions between two theoretically separated frameworks, renewable energy law and the State aid regime, and analyses the impact of the European Green Deal on their revision. As State aid plays a pivotal role in the green transition and in the fulfilment of the Commission’s policy objectives, the implementation of the European Green Deal can offer a great opportunity to establish new State aid …
Super-Engaged: From Presidential Task Forces To The Nfala,
2021
Kelley Drye & Warren LLP
Super-Engaged: From Presidential Task Forces To The Nfala, Kaelyne Yumul Wietelman
One More Cold Call: An IU Maurer School of Law Alumni Podcast (2021-2022)
Kaelyne Yumul Wietelman, JD 2019, an associate at Kelley Drye in Washington DC, provides advice on how to balance a practice at a highly respected firm with active community and volunteer engagement. In this episode we hear about Kaelyn’s work with the American Bar Foundation and the National Filipino American Lawyers Association.
Why Patent Monopsonies Increase Consumer Welfare,
2021
University of Denver
Why Patent Monopsonies Increase Consumer Welfare, Tod Duncan, Bernard Chao
Sturm College of Law: Faculty Scholarship
Technical standards are an essential part of how the modern world operates. Standards enable different devices to communicate with each other, use the same power supply and even exchange data. These standards are created by groups of companies coming together through standard settings organizations (SSOs). Besides defining standards, SSOs set policies that affect how much member companies charge for their standard essential patents (SEPs). Unsurprisingly, many companies want to pay less for these patents. But as SSOs adopt policies that lower patent prices, their conduct begins to look like collusion subject to antitrust scrutiny. Indeed, classic economic theory suggests that …
Tech Platforms Are Essential Facilities,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tech Platforms Are Essential Facilities, Joshua Nelson
Nevada Law Journal
No abstract provided.
Taking The Long View On Shorting: Market Manipulation And Gme,
2021
Saint Louis University School of Law
Taking The Long View On Shorting: Market Manipulation And Gme, Andrew Steiner
SLU Law Journal Online
In this article, Andrew Steiner provides an overview of the events surrounding the GameStop short squeeze coordinated by retail investors on the internet forum WallStreetBets over the last year and the possible legal fallout. While some traditional institutional investors call for regulatory intervention, retail investors have pointed the finger at trading app Robinhood.
Alston And The Dejudicialization Of Antitrust,
2021
University of Michigan Law School
Alston And The Dejudicialization Of Antitrust, Richard D. Friedman
Articles
A curious feature of NCAA v. Alston is the shoe that didn’t drop, at least not immediately. “Put simply,” Justice Gorsuch wrote for a unanimous Court, “this suit involves admitted horizontal price fixing in a market where the defendants exercise monopoly control.” Given that this pronouncement occurred on page fourteen of the Court’s opinion, one might have expected that the opinion would end on, say, page fifteen, for if there has been one fixed point in American antitrust law it has been that horizontal price-fixing, especially but not only by those with monopoly power, is per se illegal. Instead, the …
Voting Trusts And Antitrust: Rethinking The Role Of Shareholder Litigation In Public Regulation, From The 1880s To The 1930s,
2021
University of Georgia School of Law
Voting Trusts And Antitrust: Rethinking The Role Of Shareholder Litigation In Public Regulation, From The 1880s To The 1930s, Laura Phillips Sawyer, Naomi R. Lamoreaux
Scholarly Works
In 1903 the American Telephone and Telegraph Company (AT&T) bought a majority interest in the Kellogg Switchboard and Supply Company, allegedly with the aim of eliminating competition in the telephone business. Perhaps it is not remarkable that the Illinois Supreme Court ruled this acquisition of an Illinois corporation to be illegal. What is noteworthy, however, is that the court took this step at the behest of a group of Kellogg’s minority shareholders who had filed suit to block the deal. Judges had long responded skeptically to such actions, worried that shareholders would clog the courts with challenges to managers’ decisions …
The Paradox Of Criminal History,
2021
University of California-Davis School of Law
The Paradox Of Criminal History, Eric S. Fish
Cardozo Law Review
Criminal history is all-important in the criminal and immigration systems. But these systems have little substantive information about past crimes. This creates a paradox. A person’s past convictions dictate whether they will face new criminal charges, make bond, suffer a lengthy sentence, or be targeted for deportation, among many other consequences. Yet, despite the vital role that criminal history plays in these decisions, judges and prosecutors know very little about the prior crimes of the people they process. Factually rich accounts of a person’s convictions are rarely available. The system instead relies on rap sheets that record only basic facts—the …
A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust,
2021
UC Davis School of Law
A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo
Buffalo Law Review
No abstract provided.
Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law,
2021
American University Washington College of Law
Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
This essay provides a perspective on the role of antitrust law in protecting and fostering competition in the digital economy, with particular attention to online platforms. It highlights the danger of anticompetitive exclusionary conduct by dominant online platforms and describes ways that antitrust law can challenge and deter such conduct. The essay also identifies a number of difficulties that U.S. courts and enforcers face in challenging harmful exclusionary conduct by dominant platforms, and discusses some ways that regulation can supplement antitrust law in fostering competition.
Will The Supreme Court Recover Its Own Fumble? How Alston Can Repair The Damage Resulting From Ncaa's Sports League Exemption,
2021
William & Mary Law School
Will The Supreme Court Recover Its Own Fumble? How Alston Can Repair The Damage Resulting From Ncaa's Sports League Exemption, Alan J. Meese
Faculty Publications
Horizontal restraints are unlawful per se unless a court can identify some redeeming virtue that such restraints may create. In National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma (“NCAA”), the Supreme Court rejected this standard, refusing to condemn horizontal restraints on price and output imposed by the NCAA without specifying any possible redeeming virtues. The Court emphasized that other restraints not before the Court were necessary to create and maintain athletic competition like that supervised by the NCAA. This exemption for sports leagues ensures that all restraints imposed by such entities merit Rule …
A Revised Monitoring Model Confronts Today's Movement Toward Managerialism,
2021
Vanderbilt University Law School
A Revised Monitoring Model Confronts Today's Movement Toward Managerialism, Randall S. Thomas, James D. Cox
Vanderbilt Law School Faculty Publications
There are many lessons to be drawn from the sweep of history. In law, the compelling story repeatedly told is the observable co-movement of law on the one hand, and economic, social, and political changes on the other hand. Aberrations, however, do arise but generally do not persist in the long term. Contemporary corporate law seems to be on the cusp of such an abnormality as legal developments and proposed reforms for corporate law are currently conflicting with the direction in which the host environment is moving. This article identifies a series of contemporary judicial and regulatory corporate governance developments …
Cy Prés Settlements In Privacy Class Actions / Acuerdos Cy Prés En Acciones De Clase Sobre Privacidad,
2021
University of Georgia School of Law
Cy Prés Settlements In Privacy Class Actions / Acuerdos Cy Prés En Acciones De Clase Sobre Privacidad, Thomas E. Kadri, Ignacio N. Cofone
Articles
This essay considers the potential for using cy prés settlements in privacy class actions. These settlements are a procedural mechanism to overcome distribution challenges in class actions. When it is too burdensome to prove individual claims or too costly to distribute damages to class members, courts on occasions award damages to a charity or non-profit organization involved in work serving the class members' interests. These controversial settlements have been gaining attention in various legal systems. The U.S. Supreme Court recently considered their propriety in Frank v. Gaos, while courts in Canada and several Latin American countries have been experimenting with …
2021: Entering The New Sports Normal,
2021
Villanova University Charles Widger School of Law
2021: Entering The New Sports Normal, Jeffrey S. Moorad Sports Law Journal
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
A New Kind Of Pitch: The Rise Of Sports Dedicated Private Equity Funds And The Future Of The Single Entity Defense,
2021
Villanova University Charles Widger School of Law
A New Kind Of Pitch: The Rise Of Sports Dedicated Private Equity Funds And The Future Of The Single Entity Defense, Chase Browndorf
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?,
2021
Villanova University Charles Widger School of Law
Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Treble, Treble Toil And Trouble: The New Per Se Rule As A Protection Against The Curse Of The "Supreme Evil",
2021
William & Mary Law School
Treble, Treble Toil And Trouble: The New Per Se Rule As A Protection Against The Curse Of The "Supreme Evil", Seth Konopasek
William & Mary Business Law Review
The Supreme Court has called collusion between firms the “supreme evil” of antitrust. Despite public and private enforcement efforts, collusive firms and the cartels they form cost American consumers billions of dollars a year and undermine the virtues of our free market economy. The Chicago School theory of antitrust enforcement, which has dominated antitrust scholarship, vehemently disapproves of private antitrust actions that enable plaintiffs to recover treble damages. Recent scholarship, however, has rejected the Chicago School’s concerns of overdeterrence and embraced the treble damages remedy. This Note follows the recent scholarship and proposes the New Per Se Rule, which would …
International Antitrust,
2021
Southern Methodist University
International Antitrust, Nikiforos Iatrou, Brownwyn Roe, Paul Schoff, Katrina Groshinski, Maria Ceclia Andrade, Rafaela P. De Calcena, Eric White, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca, Aurdlien Condomines, Susanne Zuehlke, Vinod Dhall, Sonam Mathur, Tal Eyal-Boger, Ziv Schwartz, Gerardo Calderon-Villegas, Vassily Rudomino, Ksenia Tarkhova, Roman Vedernikov, Alla Azmukhanova, Heather Irvine, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, William F. Cavanaugh Jr., Robert P. Lobue, Dierdre A. Mcevoy, Daniel A. Friendman, Jake Walter-Warner
The Year in Review
No abstract provided.
