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A Global Perspective on State Action

Damien M. B. Gerard

in The Global Limits of Competition Law

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804774901
eISBN:
9780804782678
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774901.003.0008
Subject:
Law, Competition Law

This chapter argues that in the European context, the key test in assessing the legality of public restraints (as opposed to private practices) ought to be whether they infringe the internal market ... More


Competition Law and Private Regulation

Mislav Mataija

in Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198746652
eISBN:
9780191808937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746652.003.0003
Subject:
Law, EU Law, Competition Law

This chapter examines how EU competition law is applied to private regulation. It argues that, instead of limiting its scope to avoid clashes with regulatory measures, it follows a broad approach. It ... More


Associations are Not States

Jacob T. Levy

in Rationalism, Pluralism, and Freedom

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198717140
eISBN:
9780191785900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717140.003.0012
Subject:
Political Science, Political Theory

This chapter discusses arguments for holding associations to the normative standards to which liberals hold states. Complex associations, such as universities, contain internal associational spheres; ... More


Judge Henry Friendly and the Mirror of Constitutional Law

Michael Boudin

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the legacy of Henry Friendly, who served as a judge on the U.S. Court of Appeals for the Second Circuit from 1959 until his death in 1986, in the area of constitutional law. ... More


Privatization and Competition Policy

Alexander Volokh

in Competition and the State

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804789394
eISBN:
9780804791625
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789394.003.0002
Subject:
Law, Competition Law

This chapter discusses the theory of privatization and its connection with competition policy. After discussing how, under certain assumptions, it is irrelevant whether an enterprise is public or ... More


The Public and the Private Sphere

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines one of the powerful assumptions of American constitutional law: the great divide between the public and private sphere. It begins by citing the Supreme Court ruling in Trustees ... More


3 The Public and the Private Sphere

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines one of the powerful assumptions of American constitutional law: the great divide between the public and private sphere. It begins by citing the Supreme Court ruling in Trustees ... More


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