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Antitrust law is intended to protect consumer welfare and foster competition. At first glance, however, it is often unclear whether certain business practices have positive or detrimental effects. Businesses frequently engage in activities that may appear anticompetitive on the surface, but are actually beneficial to consumers. Business tying practices, for example, make the sale of one product conditional upon the sale of another product. This practice can either deprive consumers of choice and drive up prices or lower costs and improve convenience. Therefore, it is critical that policymakers have a keen understanding of which vertical restraints limitations imposed on businesses by firms located in the production chain are likely to harm consumers more than they benefit competition. In order to formulate economically efficient policies, they must be able to identify and limit those practices that are likely to do more harm than good. In A ntitrust Policy and Vertical Restraints a group of leading scholars takes a hard look at how restraints limit the conditions under which firms may purchase, sell, or resell a good or service. The authors, representing both sides of the antitrust debate over tying practices, provide a uniquely broad perspective on this critical economic policy issue. Contributors include Dennis Carlton (University of Chicago), David Evans (University College London), Bruce Kobayashi (George Mason University), and Michael Waldman (Cornell University).
It deserves to rank among the two or three really historic contributions to political science in the United States.
—James A. Beard
This discussion of the social order of an agricultural republic is Taylor's most popular and influential work. It includes materials on the relation of agriculture to the American economy, on agriculture and politics, and on the enemies of the agrarian republic. Both statesman and farmer, Taylor is often considered the deepest thinker of all the early Virginians.
M. E. Bradford was Professor of English at the University of Dallas until his death in 1993.
Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice in Kenya today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All topics are covered against the provisions of the Arbitration Act, 1995, the Civil Procedure Act, the UNICTRAL Model Law, relevant international conventions and relevant case law, local, regional and international. The book will prove useful for students, practitioners and arbitrators.
An Empirical Analysis of the Federal Judiciary
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Stickups and Street Culture
One of the most feared crimes among urban dwellers, armed robbery poses a serious risk of injury or death, and presents daunting challenges for law enforcement. Yet little is known about the complex factors that motivate assailants who use a weapon to take property by force or threat of force.
Armed Robbers in Action is not like previous studies that focus on the often distorted accounts of incarcerated offenders. Richard T. Wright and Scott H. Decker conducted dangerous, life-threatening field research on the streets of St. Louis to obtain more forthright responses from robbers about their motives and methods. They also visited several crime scenes to examine how situational and spatial features of the setting contributed to the offense. Quoting extensively from their conversations with the offenders, the authors consider the circumstances underlying the decision to commit an armed robbery, explore how and why targets are chosen, and detail the various tactics used in a hold-up.
By analyzing the criminals' candid perspectives on their actions and their social environment, the authors provide a fuller understanding of armed robbery. They conclude with an insightful discussion of the implications of their findings for crime prevention policy.
An Extension of Social Security
In the United States, rates of divorce and out-of-wedlock childbirth are climbing so dramatically that over half of the next generation is likely to spend part of its childhood in single-mother families. As many as half of these families will live in poverty, caused in large measure by the failure of current government regulations to secure adequate child support from absent parents and to assure minimum support when parents cannot provide it. Assuring Child Support introduces the Child Support Assurance System, a remedy to this problem that is both feasible and affordable, a practical reform that is within the nation's grasp.
"An extremely well-written and provocative book." —Eastern Economic Journal
The Past and Future of Dual Citizenship
The Battle for Death with Dignity in America
Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly 80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig’s disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness?
At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.
The Accommodation of Conflicting Rights
Demands for "autonomy" or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies—including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan—this book identifies a framework in which ethnic, religious, and regional conflicts can be addressed.
Suing the Beatles for Fun and Profit
The Beatles, the most popular, influential, and important band of all time, have been the subject of countless books of biography, photography, analysis, history, and conjecture. But this long and winding road has produced nothing like Baby You’re a Rich Man, the first book devoted to the cascade of legal actions engulfing the band, from the earliest days of the loveable mop-heads to their present prickly twilight of cultural sainthood.
Part Beatles history, part legal thriller, Baby You’re a Rich Man begins in the era when manager Brian Epstein opened the Pandora’s box of rock ’n’ roll merchandising, making a hash of the band’s licensing and inviting multiple lawsuits in the United States and the United Kingdom. The band’s long breakup period, from 1969 to 1971, provides a backdrop to the Machiavellian grasping of new manager Allen Klein, who unleashed a blizzard of suits and legal motions to take control of the band, their music, and Apple Records. Unsavory mob associate Morris Levy first sued John Lennon for copyright infringement over “Come Together,” then sued him again for not making a record for him. Phil Spector, hired to record a Lennon solo album, walked off with the master tapes and held them for a king’s ransom. And from 1972 to 1975, Lennon was the target of a deportation campaign personally spearheaded by key aides of President Nixon (caught on tape with a drug-addled Elvis Presley) that wound endlessly through the courts.
In Baby You’re a Rich Man, Stan Soocher ties the Beatles’ ongoing legal troubles to some of their most enduring songs. What emerges is a stirring portrait of immense creative talent thriving under the pressures of ill will, harassment, and greed.
Praise for They Fought the Law: Rock Music Goes to Court
“Stan Soocher not only ably translates the legalese but makes both the plaintiffs and defendants engrossingly human. Mandatory reading for every artist who tends to skip his contract’s fine print.”—Entertainment Weekly