Browsing Law School by Author "Allensworth, Rebecca Haw"
Now showing items 1-13 of 13
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Allensworth, Rebecca Haw (Northwestern University Law Review, 2012)The adversarial presentation of expert scientific evidence tends to obscure academic consensus. In the context of litigation, small, marginal disagreements can be made to seem important and settled issues can be made to ...
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Allensworth, Rebecca Haw (Texas Law Review, 2011)Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the ...
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Allensworth, Rebecca Haw (Pazmany Law Review, 2019)The American system of occupational licensing is under attack. The current regime – which allows for almost total self-regulation – has weathered sustained criticism from consumer advocate groups, academics, politicians, ...
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Allensworth, Rebecca Haw; Edlin, Aaron S. (University of Pennsylvania Law Review, 2014)It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational ...
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Allensworth, Rebecca Haw (Texas Intellectual Property Law Journal, 2014)High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...
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Allensworth, Rebecca Haw (Harvard Law Review, 2007)Sixth Amendment--Allocation of Factfinding in Sentencing.--Apprendi v. New Jersey spawned a series of Supreme Court sentencing decisions which, when viewed together, are at best confusing and at worst contradictory. ...
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Allensworth, Rebecca Haw (Boston College Law Review, 3/28/2014)The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
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Allensworth, Rebecca Haw (California Law Review, 2017)The dark side of occupational licensing-its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing workers out of the workforce-has ...
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Allensworth, Rebecca Haw (Iowa Law Review, 2015)It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the ...
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Allensworth, Rebecca Haw (Georgetown Law Journal, 2015)In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not 'findings offact" deserving of deference on appeal. The four Justices writing in dissent disagreed, ...
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Allensworth, Rebecca Haw (William & Mary Law Review, 2019)Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
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Allensworth, Rebecca Haw (Virginia Law Review, 2016-10)"Antitrust federalism, " or the rule that state regulation is not subject to federal antitrust law, does as much as-and perhaps more than-its constitutional cousin to insulate state regulation from wholesale invalidation ...
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Allensworth, Rebecca Haw (Harvard Law Review, 2009)Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in ...