This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of over 40 years, which is a synthesis of the second and third periods. The new Sixth Edition expands upon the recent developments in antitrust policy. All major Supreme Court authority is covered, including the 2016 North Carolina Dental opinions, as well as the 2010 Merger Guidelines, developments in lower court treatment of tying, bundled pricing and mergers, and the dramatic changes in antitrust law and policy the Democratic Party proposed as part of its 2017 "Better Deal."
This issue of the Yale Law Journal (the fourth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue is dedicated to the memory of Professor Robert A. Burt, with essays in his honor by Robert Post, Owen Fiss, Monroe Price, Martha Minow, Martin Boehmer, Anthony Kronman, Frank Iacobucci, and Andrew David Burt. In addition, the issue's contents include: • Article, "The First Patent Litigation Explosion," Christopher Beauchamp • Article, "The Lost 'Effects' of the Fourth Amendment: Giving Personal Property Due Protection," Maureen E. Brady • Note, "Fifty Shades of Gray: Sentencing Trends in Major White-Collar Cases," Jillian Hewitt • Note, "Present at Antitrust's Creation: Consumer Welfare in the Sherman Act's State Statutory Forerunners," Charles S. Dameron • Comment, "In Defense of 'Free Houses,'" Megan Wachspress, Jessie Agatstein, and Christian Mott • Comment, "Tort Concepts in Traffic Crimes," Noah M. Kazis Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.
In a popular sense, 'law' connotes the rules of a society, as well as the institutions that make and enforce those rules. Although laws are created and interpreted in legislatures and courtrooms by individuals with very specialized knowledge, the practice and making of law is closely tied to other systems of knowledge. To emphasize this often downplayed connection, Rehumanizing Law examines the law in relation to narrative, a fundamental mode of human expression. Randy D. Gordon illustrates the bridge between narrative and law by considering whether literature can prompt legislation. Using Upton Sinclair's The Jungle and Rachel Carson's Silent Spring, Gordon shows that literary works can figure in important regulatory measures. Discussing the rule of law in relation to democracy, he reads Melville's Billy Budd and analyzes the O.J. Simpson and Rodney King cases. This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws.
Home to the New York Yankees, the Bronx Zoo, and the Grand Concourse, the Bronx was at one time a haven for upwardly mobile second-generation immigrants eager to leave the crowded tenements of Manhattan in pursuit of the American dream. Once hailed as a "wonder borough" of beautiful homes, parks, and universities, the Bronx became--during the 1960s and 1970s--a national symbol of urban deterioration. Thriving neighborhoods that had long been home to generations of families dissolved under waves of arson, crime, and housing abandonment, turning blocks of apartment buildings into gutted, graffiti-covered shells and empty, trash-filled lots. In this revealing history of the Bronx, Evelyn Gonzalez describes how the once-infamous New York City borough underwent one of the most successful and inspiring community revivals in American history. From its earliest beginnings as a loose cluster of commuter villages to its current status as a densely populated home for New York's growing and increasingly more diverse African American and Hispanic populations, this book shows how the Bronx interacted with and was affected by the rest of New York City as it grew from a small colony on the tip of Manhattan into a sprawling metropolis. This is the story of the clattering of elevated subways and the cacophony of crowded neighborhoods, the heady optimism of industrial progress and the despair of economic recession, and the vibrancy of ethnic cultures and the resilience of local grassroots coalitions crucial to the borough's rejuvenation. In recounting the varied and extreme transformations this remarkable community has undergone, Evelyn Gonzalez argues that it was not racial discrimination, rampant crime, postwar liberalism, or big government that was to blame for the urban crisis that assailed the Bronx during the late 1960s. Rather, the decline was inextricably connected to the same kinds of social initiatives, economic transactions, political decisions, and simple human choices that had once been central to the development and vitality of the borough. Although the history of the Bronx is unquestionably a success story, crime, poverty, and substandard housing still afflict the community today. Yet the process of building and rebuilding carries on, and the revitalization of neighborhoods and a resurgence of economic growth continue to offer hope for the future.
The concentration of private power over media has been the subject of intense public debate around the world. Critics have long feared waves of mergers creating a handful of large media firms that would hold sway over public opinion and endanger democracy and innovation. But others believe with equal fervor that the Internet and deregulation have opened the media landscape significantly. How concentrated has the American information sector really become? What are the facts about American media ownership? In this contentious environment, Eli Noam provides a comprehensive and balanced survey of media concentration with a methodical, scientific approach. He assembles a wealth of data from the last 25 years about mass media such as radio, television, film, music, and print publishing, as well as the Internet, telecommunications, and media-related information technology. After examining 100 separate media and network industries in detail, Noam provides a powerful summary and analysis of concentration trends across industries and major media sectors. He also looks at local media power, vertical concentration, and the changing nature of media ownership through financial institutions and private equity. The results reveal a reality much more complex than the one painted by advocates on either side of the debate. They show a dynamic system that fluctuates around long-term concentration trends driven by changing economics and technology. Media Ownership and Concentration in America will be essential reading and a trove of information for scholars and students in media, telecommunications, IT, economics, and the history of business, as well as media industry professionals, business researchers, and policy makers around the world. Critics and defenders of media trends alike will find much that confirms and refutes their world view. But the next round of their debate will be shaped by the facts presented in this book.
This edition of the book offers a comprehensive re-thinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book has roots in prior editions, but it really offers a top-to-bottom reconsideration of how best to present modern issues in antitrust. After a brief introduction to the origins and objectives of antitrust law, the book launches the study of the field with a chapter on the concept of market power and the meaning of competition--building blocks that are essential to understanding everything else that follows in the course. It then devotes three chapters to the primary kinds of antitrust issues that arise from marketplace conduct: horizontal agreements among competitors, vertical distribution agreements, and exclusionary practices (whether done by a single firm or a group). Because of their importance to the economy, as well as to antitrust practice, mergers have their own chapter, which provides not only the important judicial opinions in this area, but also extensive materials from the Department of Justice and the Federal Trade Commission, the primary regulators of merger activity. The book then turns to two specialized issues that are of growing importance: the way in which U.S. antitrust laws operate in the global economy, and an innovative new chapter on intellectual property, technology, and platforms. It concludes with a chapter discussing the legal boundaries around the field of antitrust, including exemptions and immunities, and a chapter on the institutional framework for enforcement--the framework that translates words on a page into reality on the ground. The Seventh Edition retains and, where appropriate, adds to, the problems that have been a feature of this book for decades. To maximize instructor flexibility, the problems for each topic now appear at the end of the chapter.
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
Features that make Trade Regulation an indispensable teaching tool include: * Integrated discussion of the major antitrust guidelines produced by the Department of Justice & the FTC during the 1990s & significant antitrust process issues * Expanded comparative law materials to reflect expanded antitrust systems of other nations * A series of economic essays & notes, prepared in collaboration with Steven C. Salop, offer the authors' & an eminent economist's views on key questions relating to the development of antitrust policy * Hypothetical problems are found throughout the casebook.
International Criminal Law: Cases and Commentary presents a comprehensive, pragmatic explanation of the development of substantive international criminal law through key illustrative cases from domestic and international jurisdictions. Presents concise and stimulating commentaries by the leading academics in the field.
"Can a price ever be too low? Can competition ever be ruinous? Questions like these have always accompanied American antitrust law. They testify to the difficulty of antitrust enforcement, of protecting competition without protecting competitors. As the business practice that most directly raises these kinds of questions, predatory pricing is at the core of antitrust debates. The history of its law and economics offers a privileged standpoint for assessing the broader development of antitrust, its past, present and future. In contrast to existing literature, this book adopts the perspective of the history of economic thought to tell this history, covering a period from the late 1880s to present times.The image of a big firm, such as Rockefeller's Standard Oil or Duke's American Tobacco, crushing its small rivals by underselling them is iconic in American antitrust culture. It is no surprise that the most brilliant legal and economic minds of the last 130 years have been engaged in solving the predatory pricing puzzle. The book shows economic theories that build rigorous stories explaining when predatory pricing may be rational, what welfare harm it may cause, and how the law may fight it. Among these narratives, a special place belongs to the Chicago story, according to which predatory pricing is never profitable and every low price is always a good price.Nicola Giocoli is an Associate Professor of Economics at the University of Pisa, Italy. "--
“Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
Covers tax, accounting, environmental, products liability, pension, antitrust, national security, bankruptcy, and labor law. Builds on the basic four-credit corporations class, a modern corporate planning course. Integrates traditionally distinct classroom subjects in the context of discrete transactions. The materials are easy to edit. Each topical unit contains statutes, regulations, and case law that affect the structure and timing of acquisitions and reorganizations. Includes questions and problems to aid students in walking through the law's basic distinctions. Textual notes and edited articles identify and question the empirical and political assumptions implicit in the standards.
In practice, abstract antitrust concepts must be applied to specific factual settings. In practice, those facts don't arrive pre-packaged as they do in opinions and casebooks. This book provides true-to-life documents and other sources from facts from real world antitrust matters in all the important substantive areas. Short summaries of the law provide a base for students and enough material for traditional Socratic method teaching. The Teacher's Manual provides background on the matters and suggestions for class use in both counseling and advocacy settings, including client meetings, compliance presentations and meetings with opposing counsel. The result is a book that can be used to teach students the law and how it is practiced in the real world.
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.
Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.
International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.