Описание: This book proposes a new theory of Supreme Court behavior based on the assumption that justices` choices depend on who they are and what they want. Hall shows that Supreme Court justices strategically pursue multiple goals and that their `big five` personality traits determine the relative importance of those goals.
This book explores the implications of the U.S. Supreme Court's ruling in Ohio et al. v. American Express, and the preceding litigation, for the treatment of multisided platforms under U.S. antitrust law. It is based on a series of articles that the authors wrote (either jointly or individually), leading up to and in the aftermath of the Supreme Court's decision.
The authors consider that the Supreme Court ruling provides valuable guidance for antitrust analysis in such markets. This book emphasizes the importance for enforcers and the judiciary to take full account of the multisided nature of certain markets, not only in payment services, but throughout the economy (including other types of multisided platforms, which are particularly common in online digital markets).
Although Evans and Schmalensee agree with the Supreme Court's reasoning, this book nonetheless sets out criticisms of the Supreme Court's ruling. The authors address such criticisms, based on our (and other legal and economic practitioners' and academics') understanding of the modern economic theories on multisided markets. In particular, Schmalensee underline the need for decisionmakers to take into account any alleged anticompetitive harm and benefits to participants on both sides of a multisided platform, before coming to any conclusion that there has been antitrust injury as a result of any given conduct.
Of particular importance, and emphasized throughout this book, is the need to undertake a full rule of reason analysis of conduct in multisided markets, consistent with both long-standing antitrust precedent and modern economic theory. A proper assessment must take into account the multisided nature of certain markets in all steps of antitrust analysis, whether the issue at hand relates to alleged monopolization, coordinated behavior, or a merger. Given the prevalence of multisided platforms, similar allegations of antitrust harm are sure to arise time and again in the years to come, and there are many unanswered questions.
For convenience, as Appendices, the books also includes the text of the U.S. Supreme Court's ruling, an amicus brief filed jointly by 28 antitrust professors, an amicus brief filed jointly by 8 economists, and the brief filed by the U.S. on behalf of the petitioners.
This book explores the implications of the U.S. Supreme Court's ruling in Ohio et al. v. American Express, and the preceding litigation, for the treatment of multisided platforms under U.S. antitrust law. It is based on a series of articles that the authors wrote (either jointly or individually), leading up to and in the aftermath of the Supreme Court's decision.
The authors consider that the Supreme Court ruling provides valuable guidance for antitrust analysis in such markets. This book emphasizes the importance for enforcers and the judiciary to take full account of the multisided nature of certain markets, not only in payment services, but throughout the economy (including other types of multisided platforms, which are particularly common in online digital markets).
Although Evans and Schmalensee agree with the Supreme Court's reasoning, this book nonetheless sets out criticisms of the Supreme Court's ruling. The authors address such criticisms, based on our (and other legal and economic practitioners' and academics') understanding of the modern economic theories on multisided markets. In particular, Schmalensee underline the need for decisionmakers to take into account any alleged anticompetitive harm and benefits to participants on both sides of a multisided platform, before coming to any conclusion that there has been antitrust injury as a result of any given conduct.
Of particular importance, and emphasized throughout this book, is the need to undertake a full rule of reason analysis of conduct in multisided markets, consistent with both long-standing antitrust precedent and modern economic theory. A proper assessment must take into account the multisided nature of certain markets in all steps of antitrust analysis, whether the issue at hand relates to alleged monopolization, coordinated behavior, or a merger. Given the prevalence of multisided platforms, similar allegations of antitrust harm are sure to arise time and again in the years to come, and there are many unanswered questions.
For convenience, as Appendices, the books also includes the text of the U.S. Supreme Court's ruling, an amicus brief filed jointly by 28 antitrust professors, an amicus brief filed jointly by 8 economists, and the brief filed by the U.S. on behalf of the petitioners.
Автор: Mansell Wade Название: Critical Introduction to Law ISBN: 1138775010 ISBN-13(EAN): 9781138775015 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Challenging the usual introductions to the study of law, A Critical Introduction to Law argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral.
This fully revised and updated fourth edition provides contemporary examples to demonstrate the relevance of these arguments in the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world.
Clearly written and admirably suited to provoking discussions on the role of law in our contemporary world, this book is ideal for undergraduate and postgraduate students reading law, and will be of interest to those studying legal systems and skills courses, jurisprudence courses, and law and society.
Автор: Mansell Название: A Critical Introduction to Law ISBN: 1138775029 ISBN-13(EAN): 9781138775022 Издательство: Taylor&Francis Рейтинг: Цена: 26796.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Challenging the usual introductions to the study of law, A Critical Introduction to Law argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral.
This fully revised and updated fourth edition provides contemporary examples to demonstrate the relevance of these arguments in the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world.
Clearly written and admirably suited to provoking discussions on the role of law in our contemporary world, this book is ideal for undergraduate and postgraduate students reading law, and will be of interest to those studying legal systems and skills courses, jurisprudence courses, and law and society.
Описание: Malcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley`s scholarship.
Описание: The Supreme Court term that began on October 7, 2019 was one of the most eventful in recent history. The Coronavirus Disease 2019 (COVID-19) pandemic colored much of the Courts work, leading the Court to close its building to the public indefinitely, postpone oral arguments originally scheduled for March and April of 2020, and, for the first time in history, telephonically conduct oral arguments in roughly a dozen cases over two weeks in May 2020. The Court, which typically recesses for the summer in late June, continued to issue opinions through the second week of July 2020 because of delays caused by the pandemic. And substantively, the October 2019 Term included the Court issuing several orders concerning litigation over various state-government responses to the pandemic. The Supreme Courts October 2020 Term is set to begin on October 5; thus, it is likely the Term will at least begin with only eight Justices. The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. This book provides an overview of these important issues, including a discussion of their broader implications.
Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
Автор: Rachel Cahill-O`Callaghan Название: Values in the Supreme Court: Decisions, Division and Diversity ISBN: 1509921850 ISBN-13(EAN): 9781509921850 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin’s hard cases 'in which the result is not clearly dictated by statute or precedent’. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Описание: In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered.<BR><BR>A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.<BR>
Автор: d`Aspremont Название: International Law as a Profession ISBN: 1107140390 ISBN-13(EAN): 9781107140394 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume approaches international law as a professional activity practised by scholars, judges, counsels, and legal advisers. Its self-reflective essays provide insights into how a professional capacity may inform one`s views on international law and, conversely, how one`s international law discourse may impact the way the profession is exercised.
Описание: The United States as the worlds sole superpower is seeing its position wane as China and Russia look to reassert themselves as global powers. Moreover, there are many other security issues confronting the United States. This book provides an open source intelligence analysis of regions, countries and non-state actors from around the globe that could adversely impact the United States. Chapters in this book dissect issues using predominately qualitative analysis techniques focusing on secondary data sources in order to provide an unclassified assessment of threats as seen by the United States using two models (the York Intelligence Red Team Model and the Federal Secondary Data Case Study Triangulation Model). The key audience for this book includes the 17 members of the U.S. intelligence community, members of the U.S. National Security Council, allies of the United States, nongovernmental organizations (NGOs) looking to provide support abroad, and private sector companies considering expanding their operations overseas.
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