Louisiana Law Review

Consistent with its goals of encouraging innovation and enhancing consumer welfare, antitrust law generally does not compel a firm to give access to the very assets that are the source of a firm’s competitive advantage, including a firm’s intellectual property, unless a firm has illegitimately gained some edge in the market. And yet, in the context of merger review, compulsory licenses are a fairly common remedy. The Federal Trade Commission and Department of Justice do not impose a compulsor...

Stern v. Marshall--Digging for Gold and Shaking the Foundation of Bankruptcy Courts (or Not)

I. Bankruptcy Court Authority - A. Pre-Bankruptcy Code - B. The Bankruptcy Code - C. Marathon - D. The Bankruptcy Amendments and Federal Judgeship Act of 1984 - II. Stern v. Marshall - A. Majority Opinion - 1. Categorical Bases for Allowing Bankruptcy Court to Resolve State Common Law Claims Are Inapplicable - 2. Distinguishing Katchen and Langenkamp - 3. Bankruptcy Courts Are Not Adjuncts of Article III Courts - 4. That the Majority Opinion Restricts a Bankruptcy Court’s Ability to...

Giving Credit Where Credit Is Due: Applying the Proper Set-Off Rules in FELA and Jones Act Cases After AmClyde, Ayers, and Schadel

I. Introduction - II. The General Rule: The "Proportionate Share" Method of Set-Off 733 - A. McDermott v. AmClyde: The Supreme Court Embraces the "Proportionate Share" Method of Set-Off - B. AmClyde’s Legacy: the "Proportionate Share" Method Emerges as the General Rule of Set-off in Federal Joint and Several Liability Cases - III. The Exception: FELA and Jones Act Cases Begin to Adopt the Alternative "Pro Tanto" Method of Set-Off - A. FELA (and the Jones Act): A Brief Primer - B. Norfolk...

Comments

Crafting an Asbestos Scheduled Compensation Solution for Louisiana and the Nation

The Louisiana DOMA as an Improper Impediment to the Evolution of Public Policy Toward Cohabitants

Remarks

The 2011 Diane Sanger Memorial Lecture. Protecting Investors in Securitization Transactions: Does Dodd-Frank Help, or Hurt?

Securitization has been called into question because of its role in the recent financial crisis. I examine the potential flaws in the securitization process and compare how the Dodd-Frank Act treats them. Although Dodd-Frank addresses one of the flaws, it underregulates or fails to regulate other flaws. It also overregulates by addressing aspects of securitization that are not flawed.