THE CIRCUIT
CURRENT CONTENT

When is a Belief or Opinion False?: Indiana State District Council v. Omnicare and the Contested § 11 Pleading Standard

03 Nov 2014 12:00am Alexander Coley 

“Unelected Faculty”: Schuette v. Coalition and the Limits of Academic Freedom

12 Oct 2014 01:53pm Michael Kagan 

The Essential Facilities Doctrine: The Lost Message of Terminal Railroad

08 Oct 2014 01:19am Stephen M. Maurer and Suzanne Scotchmer 

Scholars and judges have long debated whether antitrust law requires dominant firms to share so-called "essential facilities" with rivals. In her final paper, the late Professor Suzanne Scotchmer and coauthor Stephen M. Maurer argue that the doctrine should return to its historic focus on industries where sharing promises important -- and otherwise unachievable -- synergies. They explain how a reformed doctrine can codify this principle and still be consistent with the existing case law. Their analysis is particularly relevent to the Digital Economy where rivals routinely use the same shared networks, platforms, and interoperability standards.    

Note: This PDF's pagination was corrected on November 3, 2014. We regret any inconvenience.

Defining the Whistleblower Under Dodd-Frank: Who Decides?

12 Aug 2014 07:15pm Mystica M. Alexander 

The SEC and the Judiciary are at odds over whether an individual must report potential securities law violations directly to the SEC in order to qualify as a whistleblower under the Dodd-Frank Act. This Essay examines the statutory language at the heart of the conflict, the SEC regulation that potentially clarifies the scope of whistleblower protection, and the SEC's authority to interpret the Act. Ultimately, the author concludes that the SEC's expansive approach is more in line with the objectives of securities law enforcement.

Note: This PDF's pagination was corrected on November 3, 2014. We regret any inconvenience.

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