301 research outputs found

    Why the Minnesota Supreme Court Should Overturn a Lower Court Decision on Price-Setting: Part 2

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    This amicus curiae brief argues for reversal of a lower court decision on a company's price-setting practices that is an affront to a free-market economy.Technology and Industry

    Dedication: Senator Roman L. Hruska

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    There is no possibility of adequately capsulating or even suggesting the contributions Senator Roman L. Hruska has made to the nation and its legal system in a long and productive career. It is nevertheless important to understand that his influence upon the law and upon the institutions that nourish and sustain it has been deep and beneficial. That may be too little realized because we tend to think of law as growing through discrete and public events, like the passage of a statute or the announcement of a judicial decision. But that perspective leaves out of account a great deal of what is most important in the life of the law. Senator Hruska has, of course, figured largely in great legal events, as, for example, in his co-sponsorship of the Omnibus Crime Control and Safe Streets Act of 1968 and in the public hearings of the Senate Judiciary Committee, where he has been a major and influential figure for years. But those matters are of public record and I should prefer to dwell upon services of equal importance that may not be known to those who have not seen the man at close range and thus learned of achievements not recorded in any document

    Death of Contract and the Rise of Tort

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    The Rule of Reason and the per se Concept: Price Fixing and Market Division

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    Ward S. Bowman, Jr.

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    Resale Price Maintenance and Consumer Welfare

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    Antitrust in Dubious Battle

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    The Tempting of America: The Political Seduction of the Law

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    Commentary—The Impossibility of Finding Welfare Rights in the Constitution

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    The effect of Professor Michelman\u27s style of argument, which has quite a number of devotees on the faculties of both Yale and Harvard, is to create rights by arguments from moral philosophy rather than from constitutional text, history, and structure. The end result would be to convert our government from one by representative assembly to one by judiciary. That result seems to me unfortunate for a variety of reasons
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