Aug 1, 2009 | Notes, Number 4, Print Edition, Volume 42
The United States Supreme Court has long distinguished between horizontal and vertical price restrictions in assessing their legality under the Sherman Antitrust Act (the Act). Traditionally, courts use the “rule of reason” standard to determine whether a given price...
Aug 1, 2009 | Lead Articles, Number 4, Print Edition, Volume 42
Symposium—Legal Outsiders in American Film In this paper, the object of my attention is the HBO television production, Deadwood. In this highly acclaimed series, NYPD Blue’s creator, David Milch, both drew on and disrupted the genre of the American Western,...
Aug 1, 2009 | Lead Articles, Number 4, Print Edition, Volume 42
Symposium—Legal Outsiders in American Film When I was first invited to participate in this symposium, Legal Outsiders in American Film, I initially thought of myself. I thought maybe I would be the outsider among the contributors. I have never taken a law and film...
Aug 1, 2009 | Lead Articles, Number 4, Print Edition, Volume 42
Symposium—Legal Outsiders in American Film For the past few years I have been developing a general framework for thinking about the representation of law in American films. My thinking has been guided by three convictions: 1. The problem of law is central to the...
Aug 1, 2009 | Case Comments, Number 4, Print Edition, Volume 42
Federal common law governs claims arising out of employee benefit plans covered by the Employee Retirement Income Security Act of 1974 (ERISA). The Court of Appeals for the First Circuit created an approach for interpreting the ambiguous word “accident” in...
Aug 1, 2009 | Notes, Number 4, Print Edition, Volume 42
The Central Artery/Tunnel project in Boston, Massachusetts, or “Big Dig” as it came to be known, was intended to reconnect Boston by breaking down barriers caused by a divisive, raised highway between the waterfront and downtown sections of the city. Instead, the...