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Judge Bork, consumer welfare, and antitrust law.
- Article from:
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Harvard Journal of Law & Public Policy
- Article date:
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March 22, 2008
- Author:
- Ginsburg, Douglas H.
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Copyright informationCOPYRIGHT 2008 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Sherman Antitrust Act of 1890 broadly prohibits contracts, combinations, and conspiracies in "restraint of trade" and makes it unlawful "to monopolize" any line of commerce. (1) The open-textured nature of the Act vests the judiciary with considerable responsibility for interpretation. In a 1966 article published in the Journal of Law and Economics, then-Professor Robert H. Bork examined the legislative history of the Act. (2) Bork was candid about the "difficulties inherent in the very concept" of legislative intent. (3) Nevertheless, Bork thought the undertaking was justified by the need to counter the judiciary's repeated invocation of values that were unrelated to the ...
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U.S. Supreme Court Decisions: March 12, 2007
Lawyers USA;
March 12, 2007 ;
Lawyers USA Staff;
399 words
......Process Clause of the Constitution. U.S. Supreme Court. Philip Morris USA v. Williams, No...No. 9935207. CRIMINAL LAW The U.S. Supreme Court's decision in Crawford v. Washington...does not apply retroactively. U.S. Supreme Court. Whorton v. Bockting, No. 05-595...engaged in "bad ...
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HIGH COURT LOOKS AT ANTITRUST LIMITS JUSTICES TO REVIEW SHERMAN ACT'S...
The Boston Globe;
December 16, 2003 ;
Lyle Denniston, Globe Correspondent;
426 words
...WASHINGTON - The Supreme Court yesterday took on an issue...the justices is whether the Sherman Antitrust Act applies when...The law set a limit on the Sherman Act's reach abroad, barring lawsuits under the Sherman Act unless the challenged...trial. The antitrust case the ...
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ANALYSIS: U.S. SUPREME COURT FAILS TO MEET CHALLENGE
United Press International;
December 13, 2000 ;
787 words
......International 12-13-2000 Analysis: U.S. Supreme Court fails to meet challenge WASHINGTON...conservatives, moderates and liberals on the Supreme Court of the United States failed badly...the fragile credibility of the U.S. Supreme Court in the 21st century is still an open...
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MICROSOFT TAKES CASE TO SUPREME COURT
United Press International;
August 7, 2001 ;
787 words
......Microsoft takes case to Supreme Court WASHINGTON, Aug 07, 2001...Microsoft Corp. asked the Supreme Court Tuesday to intervene in...Microsoft's petition to the Supreme Court argues that the appeals...Microsoft is asking the Supreme Court to send the case back ...
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ASSISTANT ATTORNEY GENERAL THOMAS O. BARNETT DELIVERS REMARKS ON SUPREME...
Political Transcript Wire;
March 18, 2008 ;
787 words
......DELIVERS REMARKS ON SUPREME COURT DECISIONS, GLOBAL...decisions by the Supreme Court. Second, some reflections...years.(1) The U.S. Supreme Court has taken a renewed...case. Two 1940s Supreme Court decisions, Morton...violations of the Sherman Act, but it ...
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ASSISTANT ATTORNEY GENERAL THOMAS O. BARNETT ASSISTANT ATTORNEY GENERAL...
Washington Transcript Service;
February 29, 2008 ;
787 words
......DELIVERS REMARKS ON SUPREME COURT DECISIONS, GLOBAL...decisions by the Supreme Court. Second, some reflections...years.(1) The U.S. Supreme Court has taken a renewed...case. Two 1940s Supreme Court decisions, Morton...violations of the Sherman Act, but it ...
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THE JUDICIAL BRANCH: THE SUPREME COURT
The World Almanac for Kids 2003;
318 words
......01-2003 THE JUDICIAL BRANCH: THE SUPREME COURT The highest court in the United States is the Supreme Court. It has nine justices who are appointed...Courts meetings. WHAT DOES THE SUPREME COURT DO? The Supreme Courts major...
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Sherman Act strikes out; Antitrust law may bring Expos to...
The Washington Times;
April 22, 2002 ;
787 words
......violation of the Sherman Antitrust Act? The...decision in 1922, the Supreme Court has ruled that baseball...are exempt from the Sherman Act. Piazza, however...violation of the Sherman Act. The District Court...Baseball violated the Sherman Act by frustrating ...
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Supreme Court shift favors employers; Bush appointees make pro-business...
Business Insurance;
October 1, 2007 ;
Jr, Gerald L. Maatman;
787 words
...Byline: Gerald L. Maatman Jr. The Supreme Court's 2006/2007 term has enhanced expectations...Associate Justice Samuel Alito-the Supreme Court shifted decidedly to the right on workplace...Tire & Rubber Co., in which the Supreme Court determined that pay decisions are discrete...
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Microsoft takes case to Supreme Court.
United Press International;
August 8, 2001 ;
787 words
......Microsoft Corp. asked the Supreme Court Tuesday to intervene...s petition to the Supreme Court argues that the appeals...Microsoft is asking the Supreme Court to send the case back...that action by the Supreme Court on the issue is important...approval, then asked the ...
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[0] Microsoft takes case to Supreme Court.
United Press International;
August 8, 2001 ;
787 words
......Microsoft Corp. asked the Supreme Court Tuesday to intervene...s petition to the Supreme Court argues that the appeals...Microsoft is asking the Supreme Court to bring the case...that action by the Supreme Court on the issue is important...approval, then asked the ...
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SUPREME COURT CALENDAR
The Washington Post;
October 5, 1998 ;
161 words
...The Supreme Court will hear arguments from 10 a.m. until 2 p.m. today in the following...prices to eliminate a competitor is a group boycott forbidden by the Sherman Act. (One hour.) No. 97-1056. Marquez v. Screen Actors Guild. Whether...
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Sherman Act Tested By Microsoft
AP Online;
June 9, 2000 ;
LARRY MARGASAK, Associated Press Writer;
787 words
......Associated Press Writer AP Online 06-09-2000 Sherman Act Tested By Microsoft WASHINGTON (AP...Jackson demonstrated that the 110-year-old Sherman Act could still be applied, even to a high-te...supporters of Jackson's application of the Sherman Act should not celebrate yet. ``It may ...
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Monsanto antitrust fine upheld by Supreme Court.
Daily News Record;
March 21, 1984 ;
Bomster, Mark;
787 words
......FNS) - A unanimous Supreme Court Tuesday refused...to overturn the Supreme Court's 1911 per se ban...maintenance, under the Sherman Act. In a brief filed...position before the Supreme Court. In the end, the Supreme Court side-stepped the...interpretation ...
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U.S. SUPREME COURT TO FLORIDA SUPREME COURT: TRY IT AGAIN
United Press International;
December 4, 2000 ;
787 words
...United Press International 12-04-2000 U.S. Supreme Court to Florida Supreme Court: Try it again WASHINGTON, Dec. 4 (UPI) -- The Supreme Court of the United States Monday unanimously ordered the Florida Supreme Court...
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