By Paul G. Haskell
In Why attorneys Behave as They Do, Paul Haskell explains the pro ideas that govern how attorneys behave and which permit-or require-conduct that laypersons may well locate unethical. In his feedback of the normal function of legal professionals, Haskell proposes an alternative-and controversial-model of habit.
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I believe that consumers and overall economic efficiency have benefited substantially from these changes in antitrust policy. One response to all this praise might be that many of these positive developments were the work of many hands, some of which had never been to Hyde Park. I would agree, though I think it is nonetheless fair to say that the bulk of the leadership, particularly early on, came from the Chicago School. Recall Bork’s lonely dissent from the 1968 White House Task Force report. Another response might be that if the most extreme Chicago proposals had been adopted, particularly those involving per se legality, the costs would have been substantial.
Through his analysis of the Standard Oil case facts, McGee challenged this supposition. ”80 However, McGee was by no means the only economist writing on predation. 83 In a world governed by the canons of scholarship rather than stare decisis, one might in some future case expect a renunciation by the Supreme Court of its previous misconceptions. 84 Areeda and Turner, professors at Harvard Law School, can hardly be characterized as Chicagoans. 85 The main novelty of Brooke Group was the Supreme Court’s emphasis that to be predatory, a strategy required a reasonable prospect (or dangerous probability) that early profit sacrifices would later be recouped despite oligopolistic coordination obstacles.
M. Scherer Introduction Our task, as I interpret it, is to evaluate the influence conservative economics has had on the enforcement and adjudication of antitrust in the United States. I assume it to be proven, without undertaking the arduous task of providing support, that the economic doctrines underlying the corpus of judicially accepted antitrust law have gravitated during the past half century in a more conservative direction. This statement of the problem immediately demands a deeper level of analysis.