Now showing items 1031-1050 of 1854

    • Market Definition Alchemy 

      Kaplow, Louis (Harvard John M. Olin Center for Law, Economics, and Business, 2013)
      In a recent series of articles, I argue that the market definition/market share paradigm should be abandoned entirely. Among my central claims are that: (1) as a matter of economic logic, there exists no valid way to infer ...
    • Market Definition and the Merger Guidelines 

      Kaplow, Louis (Springer Nature, 2011)
      The recently issued revision of the U.S. Horizontal Merger Guidelines, like its predecessors and mirrored by similar guidelines throughout the world, devotes substantial attention to the market definition process and the ...
    • Market Definition, Market Power 

      Kaplow, Louis (2015)
      Market definition and market power are central features of competition law and practice but pose serious challenges. On one hand, market definition suffers decisive logical infirmities that render it infeasible, unnecessary, ...
    • Market Efficiency after the Financial Crisis: It's Still a Matter of Information Costs 

      Gilson, Ronald; Kraakman, Reinier H. (Virginia Law Review Association, 2014)
      Compared to the worldwide financial carnage that followed the Subprime Crisis of 2007–2008, it may seem of small consequence that it is also said to have demonstrated the bankruptcy of an academic financial institution: ...
    • Market Efficiency and Rationality: The Peculiar Case of Baseball 

      Thaler, Richard; Sunstein, Cass Robert (Michigan Law Review, 2004)
    • The Market for Corporate Law 

      Bar-Gill, Oren; Barzuza, Michal; Bebchuk, Lucian Arye (Mohr, 2006)
      This paper develops a model of the competition among states in providing corporate law rules. The analysis provides a full characterization of the equilibrium in this market. Competition among states is shown to produce ...
    • Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments 

      Kaplow, Louis (Oxford University Press, 2011)
      In competition law, market power requirements are often articulated in terms of market shares. The use of market share thresholds, however, conflates two distinct questions: (1) How much market power exists in a given ...
    • Markets and Discrimination 

      Gersen, Jacob E. (The New York University Law Review, 2007)
      Despite decades of scholarship in law and economics, disagreement persists over the extent of employment discrimination in the United States, the correct explanation for such discrimination, and the normative implications ...
    • Markets as Regulators: A Survey 

      Gadinis, Stavros; Jackson, Howell Edmunds (University of South California Law Center, 2007)
      Stock exchanges around the world have recently discarded their traditional mutual membership structure in favor of a for-profit corporate format. This development increased fears of conflicts of interest, as for-profit ...
    • The Marshall Hypothesis Revisited 

      Steiker, Carol S. (Howard University School of Law, 2009)
    • Massachusetts v. EPA: From Politics to Expertise 

      Freeman, Jody; Vermeule, Cornelius Adrian (University of Chicago Press, 2007)
      In Massachusetts v. Environmental Protection Agency (2007), the Supreme Court held, among other things, that the EPA has statutory authority to regulate greenhouse gases under the Clean Air Act, and that the agency cannot ...
    • Measuring the Effects of Mandated Disclosure 

      Ferrell, Frank A. (2004)
    • Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism 

      Lewis, Dustin Andrew; Modirzadeh, Naz Khatoon; Blum, Gabriella (Harvard Law School Program on International Law and Armed Conflict, 2015)
      The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. ...
    • Member State Liability in Europe and the United States 

      Meltzer, Daniel J. (Oxford University Press (OUP), 2006)
      The European Community (EC) and the United States have contrasting approaches to the place of member state liability to private parties as a remedy for the violation of the law of the union. The EC recognizes a general ...
    • Mergers, Acquisitions and Restructuring: Types, Regulation, and Patterns of Practice 

      Coates, John C (Harvard John M. Olin Center for Law, Economics, and Business, 2014)
      An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions, and restructuring. This paper (a chapter in Oxford Handbook on Corporate Law and Governance, forthcoming) ...
    • The Meritocratic Egalitarianism of Thurgood Marshall 

      Tushnet, Mark V. (Howard University School of Law, 2009)
      This Essay, forthcoming in the Howard Law Journal, describes Thurgood Marshall's meritocratic egalitarianism. Marshall was sensitive to the wide range of talents people actually had and was skeptical about claims that ...
    • Military Tribunals and Legal Culture: What a Difference Sixty Years Makes 

      Sunstein, Cass Robert; Goldsmith, Jack L. (2002)
    • The Miner's Canary 

      Guinier, C. Lani (Association of American Colleges, 2005)
    • Minimalism at War 

      Sunstein, Cass Robert (2004)
      When national security conflicts with individual liberty, reviewing courts might adopt one of three general orientations: National Security Maximalism, Liberty Maximalism, and minimalism. National Security Maximalism calls ...