Resale Price Maintenance and the Private Antitrust Plaintiff

Roger D. Blair, Jill Boylston Herndon and John E. Lopatka
How does the law reconcile the per se illegality of an economically ambiguous practice with enforcement doctrines that permit only those directly suffering anticompetitive harm to sue and require them to prove damages coherently? The question is critical in resale price maintenance (“RPM”) cases because the practice, though illegal per se, may produce no anticompetitive harm, injure parties more proximate to the violation than the plaintiffs, or cause damages resistant…

Politically Motivated Bar Discipline

James E. Moliterno
Bar discipline and admission denial have a century-long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of…

Eroding the Common Law Paradigm for Creation of Property Interests and the Hidden Costs of Law Reform

David M. Becker
At the core of property, its ownership, and its concepts, is real estate. Indeed, most of property law has been forged and shaped by the law of real property. Because land lasts forever and so does its history, the marketplace could not function without clarity and stability as to ownership. The last twenty-five to thirty years have, however, produced relatively rapid and even staggering changes in the law of property.…

The “Printed Publication” Bar as Applied to Presentations Made at Scientific Conferences

Cindy Ricks