Document Type

Article

Comments

S Sec. Reg. Law Journal. 99-109 (1977)

Abstract

In this imaginary dialogue between the economist and the lawyer, both attempt to analyze the recent decisions of the U.S. Supreme Court, applying the norms of their respective disciplines, and seek to derive a principle that would assist in formulating a course of action for the future. To those brought up in the classic tradition of Anglo-American law, the para­ meters employed to reach a decision in these cases may not be entirely intelligible. However, the determination of the applicable principle in the milieu of the current shift of the frontiers of law needs not only a new perspective, but a judicial calculus of new and complex variables involving critical infinitesimals, and one can discern both in the majority opinion and the dissent a groping for the essentials of the many ele­ments that would count in yielding a just resolution. In the evaluation of such a resolution, the considerations that emerge from the dialogue should be of substantial help both to the judge and the practitioner.

Date of Authorship for this Version

1977

Keywords

antitrust, Clayton act, Sherman act

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