Unlike traditional antitrust analysis, a behavioural approach to antitrust law and economics is grounded in empirical observations of human behaviour. These reveal that judgments and decisions by real decision-makers in the market deviate systematically from those predicted by the rational...

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...

The Civil Rights Act of 1866 (42 U.S.C. § 1981) protects against racial discrimination in the making and enforcement of contracts. Section 1981 provides that all people have the same right to make and enforce contracts as is enjoyed by white citizens. Plaintiffs bringing a Section 1981 claim...

Tools of social media are becoming the most prevalent venues for online content sharing and creation worldwide. Both the manner in which the online social interaction of individuals and groups is targeted through marketing based on Internet behavioral tracking, and the use of the resulting data...

Franchises serve as a potential avenue through which direct investment can be made into new markets. However, the current state of franchise law and related concepts such as the franchisor's or franchisee's goodwill are still underdeveloped. This Article reviews the franchise laws in key...

In the early morning hours of June 12, 2016, a hate-filled man calmly opened fire on the patrons of the Pulse nightclub in downtown Orlando, Florida. Over the next three hours, he killed 49 men and women who had been celebrating Latin Night at the gay club. Fifty-three persons were wounded. The...

The article describes, analyzes and evaluates the role played by the National Consumer Law Center, a public interest law firm dedicated to promoting the legal rights of low income consumers, in the development of consumer protection law. It does this by first providing a brief summary of the...

The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance company, or some other entity or individual that...