University of Southern California

Volume 84, Number 3 (March, 2011)

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    Toward a Unified Theory of Exclusionary Vertical Restraints
    Article by Daniel A. Crane & Graciela Miralles Murciego

    The law of exclusionary vertical restraints–contractual or other business relationships between vertically related firms–is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices, including predatory pricing, tying, exclusive dealing, price discrimination, and bundling, are treated very differently based on formalistic distinctions that bear no relationship to the practices’ exclusionary potential. We propose a comprehensive, unified te...

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    Book Review: Integrating into a Burning House: Racial- and Identity-Conscious Visions in Brown’s Inner City
    Article by Anthony V. Alfieri

    On March 27, 1968, Reverend Martin Luther King, Jr., exhausted by a day of antipoverty rallies in New Jersey, and frustrated by the Southern Christian Leadership Conference’s poverty campaign in Washington, D.C. and Memphis, Tennessee declared: “We may be integrating into a burning house.” The story of the failed integration of America’s “burning house”–its schools, neighborhoods, and workplaces–begins for many with the U.S. Supreme Court’s 1954 decision in Brown v. Board of Education. Fifty-six...

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    A Congressional Carve Out: The Necessity for Uniform Application of Professional Sports Leagues’ Performance-Enhancing Drug Policies
    Note by Lee Linderman

    INTRODUCTION “The use of steroids [in sports] has become a public health crisis. Half a million kids a year in the U.S. are taking steroids . . . and many of them do this because they are emulating their sports heroes.” In the past several years, performance-enhancing drug (“PED” or “steroid”) use in major professional sports has captured the attention of not only average fans, but also lawmakers in Congress. Rampant steroid abuse in Major League Baseball (“MLB”) catalyzed a 2005 congressional...

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    A Flawed Solution: The Difficulties of Mandating a Leverage Ratio in the United States
    Note by John Holman

    While the causes of the recent financial crisis have been debated extensively, the conclusion that excessive leverage by financial institutions contributed to the crisis has garnered widespread support. Concerns over the role of leverage have spurred a renewed focus on banks’ ability to exploit the presence of moral hazard due to limited liability and the government’s tendency to rescue banks in distress. The crisis painfully underscored how banks use leverage to increase their expected returns...


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