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Many successful American businesses have been accused of anti-competitive practices. Drawing on 50 years of experience with U.S. antitrust laws, attorney and author Edwin S. Rockefeller sheds light on why lawmakers, bureaucrats, academics, and journalists use arbitrary and irrational laws and enforcement mechanisms to punish capitalists rather than promote competition. The Antitrust Religion argues that everything most people know about antitrust is wrong. Rockefeller vividly shows how antitrust has been transformed into a quasi-religious faith. He explains that this “antitrust religion” relies on economic theories that bestow a veneer of objectivity and credibility on law enforcement practices that actually rely on hunch and whim. This book will greatly assist business professionals, journalists, policymakers, professors, judges, and all others interested in government regulation of business in understanding how our antitrust laws actually work.
"This is a book for people who practice antitrust law and for people who want to learn antitrust. For practitioners, the book supplements a treatise. For students, the book complements a casebook. It goes beyond what courts have said and done to probe the ethos, logos, and pathos of antitrust; it present the foundations of antitrust in law, history, and economics. This also could be a book for people who take an interest in antitrust policy. Antitrust law was a populist impulse. After a century during which antitrust has grown ever more technocratic, antitrust is again a matter of public interest"--
This volume explores the promise and limitations of competitive market dynamics, looking at the threats to competition - cartels, agreements, monopolies, and mergers - and the laws in place across the US and European Union to safeguard the process of competition.
Scholars from around the globe and across faith traditions consider the impact of Christianity on the regulation of markets and economic systems.
The Fifth Edition continues to emphasize cases as the best way to teach antitrust law. The principal cases in this edition are the best and most current legal precedents. Judicial opinions are supplemented by historical and economic discussions and analyses. In particular, the notes discuss varying antitrust ideologies, confronting their defects and presenting their strengths. This new edition adds rich new material on: the transnational reach of the United States2 antitrust law; antitrust2s application to intellectual property; the Microsoft case and its history as it implicates monopolization, tying doctrine and market power analysis; expert testimony after Daubert and its relationship to antitrust summary judgment motions; and antitrust2s application in the field of regulated industries.
Filling a lapse in the debate on the role of religious thought in economic theory, The Church and the Market: A Catholic Defense of the Free Economy, informed by the history of Catholic economic thought, shows that the long-seen contradiction between Catholic faith and support for the market economy does not exist.
Business has received little attention in American religious history, although it has profound implications for understanding the sustained popularity and ongoing transformation of religion in the United States. This volume offers a wide ranging exploration of the business aspects of American religious organizations. The authors analyze the financing, production, marketing, and distribution of religious goods and services and the role of wealth and economic organization in sustaining and even shaping worship, charity, philanthropy, institutional growth, and missionary work. Treating religion and business holistically, their essays show that American religious life has always been informed by business practices. Laying the groundwork for further investigation, the authors show how American business has functioned as a domain for achieving religious goals. Indeed they find that religion has historically been more powerful when interwoven with business. Chapters on Mormon enterprise, Jewish philanthropy, Hindu gurus, Native American casinos, and the wedding of business wealth to conservative Catholic social teaching demonstrate the range of new studies stimulated by the business turn in American religious history. Other chapters show how evangelicals joined neo-liberal economic practice and right-wing politics to religious fundamentalism to consolidate wealth and power, and how they developed marketing campaigns and organizational strategies that transformed the American religious landscape. Included are essays exposing the moral compromises religious organizations have made to succeed as centers of wealth and influence, and the religious beliefs that rationalize and justify these compromises. Still others examine the application of business practices as a means of sustaining religious institutions and expanding their reach, and look at controversies over business practices within religious organizations, and the adjustments such organizations have made in response. Together, the essays collected here offer new ways of conceptualizing the interdependence of religion and business in the United States, establishing multiple paths for further study of their intertwined historical development.
With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original law and religious market theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today.
Mary Lois Walker Morris was a Mormon woman who challenged both American ideas about marriage and the U.S. legal system. Before the Manifesto provides a glimpse into her world as the polygamous wife of a prominent Salt Lake City businessman, during a time of great transition in Utah. This account of her life as a convert, milliner, active community member, mother, and wife begins in England, where her family joined the Mormon church, details her journey across the plains, and describes life in Utah in the 1880s. Her experiences were unusual as, following her first husband's deathbed request, she married his brother as a plural wife in the Old Testament tradition of levirate marriage. Mary Morris's memoir frames her 1879 to 1887 diary with both reflections on earlier years and passages that parallel entries in the day book, giving readers a better understanding of how she retrospectively saw her life. The thoroughly annotated diary offers the daily experience of a woman who kept a largely self-sufficient household, had a wide social network, ran her own business, wrote poetry, and was intellectually curious. The years of "the Raid" (federal prosecution of polygamists) led Mary and Elias Morris to hide their marriage on "the underground," and her to perjury during Elias's trial for unlawful cohabitation. The book ends with Mary Lois's arrival at the Salt Lake Depot after three years in exile in Mexico with a polygamist colony.
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.