Scared of Crypto? Try Investing in Justice



Dimitrije Canic – The 1990s were the start of investing expansion. Wall Street figured out a way to invest into anything and everything; including lawsuits. Known as third-party litigation financing, the idea is that a private investor pays for legal services and negotiates his return on investment with the lawyer or law firm trying the case. […]



Will Small Businesses Sink or Swim in Result of New Tax Law?



Brittany Hynes – After President Trump’s signing of the American Tax Cuts and Jobs Act in December, sizable corporations have been recognized for increasing pay and providing employees with bonuses. Experts suggest that small businesses will gain substantial benefit from the new tax law, as well. However, the focus on small businesses has been limited while […]



Distilling the Tax Cuts and Jobs Act of 2017: Recent Revolutions in the Alcohol Excise Tax Rate



Andrew Zuckerman – Article 1 Section 8 of the United States Constitution grants to Congress the power to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” (U.S. Const. art. I, § 8). Faced with mounting debt from the […]



Facebook & Data Breaches



Daniel J. Bujan – With over 2.2 billion active users across the world, there is no doubt that Facebook has changed the way the world connects with each other. Everyday people in every continent log on to this site and share messages, photos, and ideas. With many users spending countless hours on social media sites, such […]



Cloudy Over United States v. Microsoft



Julia Shackleton – With over twenty-three amicus briefs filed in support of Microsoft, backed by 288 signatories ranging from members of Congress, European lawmakers, and leading tech companies, to advocacy groups representing millions of members across 37 countries¾Microsoft has received support for its case in United States v. Microsoft to say the least. Oral Arguments […]



The Specific Concerns of the New Tax Plan



Patrick Kalbac – The calendar has finally turned the page. It is officially 2018. While the beginning of a new year is always accompanied by hope and fresh starts, 2018 is different. What makes it different? On January 1, 2018, the new tax plan took effect. Although opinions on the tax plan differ, those opinions […]



Aggrieved Person or Aggrieved Business?



Joseph Cottingham- Congress designed the Fair Housing Act of 1068 (FHA) to forbid “discriminating against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race …” The FHA permits any “aggrieved person” to file a civil […]




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Applying the Rule of Reason to Two–Sided Platform Businesses



David S. Evans and Richard Schmalensee In recent years, the federal courts’ analysis of the competitive effects of conduct challenged under the Sherman Act’s rule of reason, which generally includes market definition as a critical step, has been properly guided by sensitivity to business reality and sound economic analysis of the conduct at issue. When […]



Market Power and American Express



John B. Kirkwood The Second Circuit ruled that American Express did not have market power because it operated in a two-sided market and any leverage it exercised over merchants derived from its successful competition for cardholders. As a result, the relevant market had to include both sides of a credit card transaction, the company’s market […]



Assessing the Competitive Effects of Surcharging the Use of Payment Mechanisms



Steven Semeraro The Department of Justice’s theory of liability in its case attacking the non–discrimination provisions in American Express’s merchant contracts contends that point–of–sale competition on the price of making a purchase with a credit card is an instrument creating economic efficiency. That is, the economy would run more efficiently, and consumers would be better […]