An Appreciation of Marc Galanter’s Scholarship

Lande highlights three of Marc Galanter\u27s works to illustrate qualities that seem especially worth emulating. He includes extended excerpts of his writing because his concepts and language are so evoctive that paraphrasing often does not do them justice. Galanter\u27s works that Lande focuses, include the classic articles, Why the Haves Come Out Ahead: Speculations on the Limits of Legal Change ; and Case Congregations and Their Careers . The professor\u27s recent book, Lowering the Bar: Lawyer Jokes and Legal Culture, is also featured. The book is the culmination of much of his work on American law

A Traditional and Textualist Analysis of the Goals of Antitrust: Efficiency, Preventing Theft from Consumers, and Consumer Choice

This Article ascertains the overall purpose of the antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or “plain meaning” analysis of the purpose of the antitrust statutes, using Justice Scalia’s methodology. It does this by analyzing the meaning of key terms as they were used in contemporary dictionaries, legal treatises, common law cases, and the earliest U.S. antitrust cases, and it does this in light of the history of the relevant times. Both approaches demonstrate that the overriding purpose of the antitrust statutes is to prevent firms from stealing from consumers by charging them supracompetitive prices. When firms use their market power to raise prices to supracompetitive levels, purchasers pay more for their goods and services, and these overcharges constitute a taking of purchasers’ property. Economic efficiency was only a secondary concern. In addition, the textualist approach leads to the surprising conclusion that neither the Sherman Act nor the Clayton Act contain an exception for monopolies attained by efficient business conduct. A “plain meaning” analysis of the antitrust statutes reveals that they are supposed to prevent and condemn all privately created monopolies

A Traditional and Textualist Analysis of the Goals of Antitrust: Efficiency, Preventing Theft from Consumers, and Consumer Choice

This Article ascertains the overall purpose of the antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or “plain meaning” analysis of the purpose of the antitrust statutes, using Justice Scalia’s methodology. It does this by analyzing the meaning of key terms as they were used in contemporary dictionaries, legal treatises, common law cases, and the earliest U.S. antitrust cases, and it does this in light of the history of the relevant times. Both approaches demonstrate that the overriding purpose of the antitrust statutes is to prevent firms from stealing from consumers by charging them supracompetitive prices. When firms use their market power to raise prices to supracompetitive levels, purchasers pay more for their goods and services, and these overcharges constitute a taking of purchasers’ property. Economic efficiency was only a secondary concern. In addition, the textualist approach leads to the surprising conclusion that neither the Sherman Act nor the Clayton Act contain an exception for monopolies attained by efficient business conduct. A “plain meaning” analysis of the antitrust statutes reveals that they are supposed to prevent and condemn all privately created monopolies

Mental Structures

An ongoing philosophical discussion concerns how various types of mental states fall within broad representational genera—for example, whether perceptual states are “iconic” or “sentential,” “analog” or “digital,” and so on. Here, I examine the grounds for making much more specific claims about how mental states are structured from constituent parts. For example, the state I am in when I perceive the shape of a mountain ridge may have as constituent parts my representations of the shapes of each peak and saddle of the ridge. More specific structural claims of this sort are a guide to how mental states fall within broader representational kinds. Moreover, these claims have significant implications of their own about semantic, functional, and epistemic features of our mental lives. But what are the conditions on a mental state's having one type of constituent structure rather than another? Drawing on explanatory strategies in vision science, I argue that, other things being equal, the constituent structure of a mental state determines what I call its distributional properties—namely, how mental states of that type can, cannot, or must co‐occur with other mental states in a given system. Distributional properties depend critically on and are informative about the underlying structures of mental states, they abstract in important ways from aspects of how mental states are processed, and they can yield significant insights into the variegation of psychological capacities