Volume 13, Number 1



Bound by Bias? Franchisees’ Cognitive Biases

by Robert W. Emerson & Steven A. Hollis

Cognitive biases play a fundamental part in franchisor-franchisee deal making. Ordinarily, franchisors have more power and information than do franchisees. The disparity between these parties is often exacerbated by the franchisees’
psychological dispositions. Are franchisees biased or uninformed to the extent that they cannot evaluate the...


How Chief Justice White Hampered Development of Limiting Principles for Section 2 of the Sherman Act and What Can Be Done About It Now

by Gregory J. Werden

The Sherman Act is a cornerstone of U.S. economic policy. As the Supreme Court noted, it “has a generality and adaptability comparable to that found to be desirable in constitutional provisions,” which “compelled the courts to work out its meaning from case to case.” Section 1 prohibits “[e]very contract, combination in the...


Antitrust Efficient Enforcer and the Financial Products Benchmark Manipulation Litigation

by Sharon E. Foster

To have standing in a civil antitrust action under the Clayton Act, plaintiffs must meet a more demanding standard than the constitutional case or controversy requirement; plaintiffs must also establish antitrust injury and that they are an efficient enforcer.2 But what is an efficient enforcer? This question has confounded civil antitrust litigation for decades. Unfortunately, the...


Nonprofit Governance: Who Should Be Watching? A Look at State, Federal, and Dual Regulation

by Jaclyn Fabean Cherry

Recent scandals in the nonprofit sector have once again called into question the issue of nonprofit governance. Who is governing these organizations and are they doing so appropriately? Who is regulating and what law applies—federal, state, or both? The one thing that is certain is that clarity is needed. True to form, the egregious behavior
of some of those serving on...


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