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How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Robert Pitofsky (ed.)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.001.0001
Subject:
Economics and Finance, Behavioural Economics

This book came about due to the growing concern that antitrust, a system of regulation that for over a century has had wide professional and public support, is under attack. The recent trend appears ... More


In the Beginning: Robert Bork and Other Originalists

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Robert Bork' theory and the theories of several other scholars who are foundationalists like Bork who endorse the simplest form of originalism and believe that the ... More


Wrong Turns in Exclusive Dealing Law

Stephen Calkins

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0012
Subject:
Economics and Finance, Behavioural Economics

This paper focuses on case law concerning vertical arrangements and exclusive dealing law. It begins by providing an overview of older Supreme Court case law. It then examines appellate court's ... More


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Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter traces Justice Antonin Scalia’s rise from law school to a position on the Supreme Court and then his emergence as a judicial icon representing “conservatism” and “originalism” in ... More


Constitutional Self-Government on the Model of Speech

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0003
Subject:
Philosophy, Political Philosophy

A common metaphor in contemporary political theory figures democracy or self-government in the language of speech, conversation, dialogue, voice, discussion, or some other speech-cognate. This ... More


Ronald Reagan and the Leadership Conference on Civil Rights: Battles Won and Wars Lost

Mary Frances Berry

in Winning While Losing: Civil Rights, the Conservative Movement, and the Presidency from Nixon to Obama

Published in print:
2014
Published Online:
May 2014
ISBN:
9780813049083
eISBN:
9780813046976
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813049083.003.0004
Subject:
History, African-American History

This chapter describes how the Reagan administration sought to limit key civil rights policies such as the Voting Rights Act, to defeat fair housing legislation, to support segregated private ... More


Originalism: Activism Masquerading as Restraint

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Judge Robert Bork's theory of originalism. It argues that originalism, despite its importance in constitutional adjudication, suffers from that all-too-common infirmity of ... More


Reading the Constitution as Written: Paradigm Case Interpretation

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0010
Subject:
Philosophy, Political Philosophy

This chapter focuses on reading the Constitution as written text, more specifically, as a project in temporally extended, commitmentarian self-government. By reading the Constitution this way, a ... More


Legal Academics and Civil Rights Lawyering

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0008
Subject:
Law, Legal History

This chapter explores the role, and the reticence, of the legal academic community in the civil rights revolution era. While Alexander Bickel, Herbert Wechsler, Charles Black, Harry Edwards, and ... More


11 The Chicago School

Herbert Hovenkamp

in The Making of Competition Policy: Legal and Economic Sources

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199782796
eISBN:
9780190261351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199782796.003.0011
Subject:
Economics and Finance, History of Economic Thought

This chapter considers the Chicago school of antitrust analysis. It provides the accounts of Edward Levi, Aaron Director, George Stigler, Robert Bork, and Richard Posner as representatives of the ... More


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