Remarks of Seth P. Waxman at the Memorial Observance for Justice Byron R. White, United States Supreme Court

Members of the Court, members of the family, and friends of Justice White- Alone among today\u27s speakers, I met Justice White only late in his life. Growing up in the law, my relationship with him was the one many kids today have with Michael Jordan - I wanted to be like White -like the kind of man he was. I still have that aspiration. Like Byron White, I served in the Department of Justice and was altered forever by that honorable institution. And - like Justice White, in my own lesser way, I strove within the walls of this institution to protect the authority of the national government. Those themes of Justice White\u27s remarkable career - his tenure in the national Executive and his championing of the national Legislature - have been marvelously captured in the remarks of my colleagues. It is perhaps fitting then, in this of all places, to conclude by reflecting on Justice White\u27s perspective on the national judicial power - on the role of the federal courts

Developing a Consumer Right to Invoke the Boycott Exception to the Insurance Company Exemption from Federal Antitrust Laws

The McCarran-Ferguson Act provides that the business of insurance shall be subject to the laws of the several states which relate to the regulation or taxation of such business. The Act further provides that the business of insurance shall be exempt from federal antitrust laws if state regulation exists. However, an exception to this exemption exists in section 3(b) of the McCarran Act. Section 3(b) provides that nothing within the McCarran Act shall render the Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or any act of boycott, coercion, or intimidation. Despite the seemingly clear statutory language of section 3(b), the trend of judicial construction of this statute until recently had been to narrow substantially this exception to the federal antitrust exemption. Note examines the legislative history of section 3(b) of the McCarran-Ferguson Act, the authorities which provided the traditional narrow interpretation of the boycott exception, and the effects of the Barry and Proctor decisions on insurance companies and consumers

The accord: an economic and social success story.

From 1983, Australia operated an Incomes Policy - the Accord. Senator Peter Cook, Australian Industrial Relations Minister, gave a Centre for Economic Performance-sponsored public lecture on the Accord in June 1991. In view of the considerable worldwide interest in the Accord, Senator Cook''s lecture is reprinted as a Centre for Economic Performance Occasional Paper to reach a wider audience. Peter Cook looks at the ways in which the Accord process facilitated a major assault on the impediments to economic growth and social equity in Australia in the 1980s, and argues that economic management should be achieved by consensus policies supported by social wage and industrial policy measures rather than economic and social confrontation.