Search for: "In Re Sherman"
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19 Aug 2022, 4:00 am
National/Federal FBI Arrests Ex-Congressman on Charges of Fraud and Money Laundering MSN – Praveena Somasundaram (Washington Post) | Published: 8/16/2022 Former U.S. [read post]
11 Aug 2022, 2:00 am
” But as contemporary jurists increasingly cite “democratic accountability” as a justification for the re-invention of “the major questions doctrine and the non-delegation doctrine,” how can administrative commissions possibly be seen originally as sites of “democratic control? [read post]
3 Aug 2022, 9:59 am
It was not until 21 years after passage of the Sherman Antitrust Act that the Supreme Court held that Section 1 of the act’s prohibition on contracts, combinations, and conspiracies “in restraint of trade” only covered unreasonable restraints of trade. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental… [read post]
31 Jul 2022, 5:53 am
One of the most important legislative responses to the Gilded Age was the passage of the Sherman Antitrust Act of 1890. [read post]
27 Jul 2022, 10:35 am
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
25 Jul 2022, 6:00 am
Despite the letter authors’ claims, neither a paucity of avenues for “economic, social, and political activity on the internet” nor the general state of market competition in the United States establishes an “urgent need” to re-write the antitrust laws to saddle a small group of firms with unprecedented legal obligations. [read post]
22 Jul 2022, 6:33 am
How do we ensure that we’re really pursuing these with an eye to longevity over the long term. [read post]
11 Jul 2022, 2:50 pm
., amateur college sports versus professional sports).[14] The Court affirmed the lower court’s finding of a Sherman Act violation, noting the district court’s finding that not only were the NCAA’s restraints not the least restrictive means of preserving consumer demand, but they also were “patently and inexplicably stricter than is necessary” to achieve the procompetitive benefits the association had demonstrated.[15] Importantly, in rejecting the NCAA’s… [read post]
7 Jul 2022, 11:21 am
This observation holds true in all business-crimes prosecutions but is particularly apt for a criminal Sherman Act prosecution. [read post]
6 Jul 2022, 7:02 am
Smith, 494 U.S. 872, 883–85 (1990), and re-establish the “balancing” test established by Sherbert v. [read post]
29 Jun 2022, 9:44 pm
But at this stage we're talking about an unpublished and non-precedential decision, which weighs against its importance--and a narrow decision on the specific defects of Conti's complaint. [read post]
29 Jun 2022, 10:44 am
Injury—or antitrust impact—is a required element of the plaintiffs’ claim under section 1 of the Sherman Antitrust Act. [read post]
22 Jun 2022, 10:10 am
Now that they’re entrenched, they don’t want upstarts challenging their dominance. [read post]
22 Jun 2022, 9:01 am
“Not the Droid We’re Looking For. [read post]
21 Jun 2022, 10:20 am
However, Judge Ho didn't "dissent-dissent" but contented himself with a footnote voicing his different preference.The new consensus--and now it's a truly unanimous panel decision--is that Conti fails at the third hurdle: it failed to state Section 1 or Section 2 Sherman Act claims. [read post]
16 Jun 2022, 9:33 pm
Now, let’s say you’re one of those 17 players who has been suspended, or you’re a member of the PGA Tour considering playing for LIV Golf but you’re facing such a ban. [read post]
14 Jun 2022, 11:20 pm
They're really doing tremendous work against Big Tech. [read post]
13 Jun 2022, 3:55 am
Sherman: you’re not answering my question . . . [read post]
10 Jun 2022, 4:22 am
Signup to receive the Early Edition in your inbox here. [read post]
