Anti-Competition Regulation

Looking across the long twentieth century, this article tracks the rise and fall of one form of anti-competition regulation: the certificate of public convenience. Designed to curb “destructive competition” in certain industries, such as transportation and banking, certificate laws prevented firms from entering those industries unless they could convince regulators that they would satisfy an unmet public demand for goods or services. This history highlights how lawmakers used similar techniques in governing infrastructure and finance—two fields that are not often studied together. It also shows that state regulation both prefigured legal change at the federal level and then lagged behind it, suggesting that different dynamics have been in play at each level of governance in devising competition policy over the last century

Pandemic (or War) Notwithstanding

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Republican Party of Minnesota v. White: Should Judges Be More Like Politicians?

The Supreme Court\u27s decision in Republican Party of Minnesota v. White shows how unrealistic five justices can be about what happens in judicial election campaigns, and also - ironically - about how much judges differ from legislators and others who run for office. This reality was captured concisely by Robert Hirshon, immediate past president of the American Bar Association (ABA) in his statement following the Court\u27s ruling: This is a bad decision. It will open a Pandora\u27s Box.... The decision will change judicial election campaigns in such a way that the quality of the pool of candidates for the bench will likely diminish, good judges will be less willing to seek reelection, and the public\u27s cynical view that judges are merely another group of politicians will gain further impetus. This will directly hurt state courts and indirectly hurt all our courts. After noting the majority and separate opinions - which, unsurprisingly, raise many questions - this article will predict what litigation lies ahead, then describe the current judicial election environment and prospects for reform

Article and Book Entries by Search Terms and Index Numbers

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Introduction

The Richard J. Childress Memorial Lecture has become the highpoint of the academic year at Saint Louis University School of Law. The Lecture, which honors the memory of a long-time dean and member of our faculty,[1] has been delivered each fall beginning in 2000 by a distinguished scholar on an important legal subject. Dean Jeffrey Lewis’s vision of the program was not simply to produce a typical speech on an academic topic, but to commission a preeminent scholar to write a substantial article on a critical issue and to invite responses from other thoughtful scholars and activists. Our Law Journal annually publishes the article that grows out of the Childress Lecture and the comments and responses it provokes. The first two such programs and volumes provided stimulating articles by distinguished academics on important legal issues.[2] This year’s contributions by Professor Thomas W. Merrill on The Making of the Second Rehnquist Court: A Preliminary Analysis [3] and by the respondents again far exceed the ambitious standard set for the Lecture and its accompanying issue of the Law Journal

Modularity, Vertical Integration, and Open Access Policies: Towards A Convergence of Antitrust and Regulation In The Internet Age

This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in assessing whether regulation should mandate open access to information platforms. The authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms in the future and facilitate a true convergence between antitrust and regulatory policy.