Digital markets now fundamentally intertwine with our social and economic lives. International enforcement actions—the United States (U.S.) and European Union (E.U.) Google cases in particular—demonstrate from a behavioral economic perspective how digital platforms may be beginning to implicate antitrust’s two most fundamental doctrinal components—conduct
Under the rule-of-reason framework, litigation involving the NCAA has condoned the practice of crediting purported benefits to one group as an “offset” to antitrust injury suffered by another. Although the Ohio v. American Express decision addressed countervailing effects on merchants versus cardholders within the same two-sided market (credit cards), NCAA
In this Article, I propose a new standard for determining what constitutes assent, as a matter of contract formation, within the domain of electronic consumer contracting. The threshold test should reject the “take-it-or-leave-it” arrangement dominant in the marketplace and reified by recent proposals before the American Law Institute (“ALI”) under
There are few civil procedure laws broadly authorizing trial courts in the United States to consider presuit requests seeking protection from discovery sanctions or spoliation claims in later civil actions. There should be more laws on presuit protective orders addressing information maintenance, preservation, and production.
New presuit protective order laws
Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The
In 2016, the Supreme Court altered the landscape of the False Claims Act by recognizing implied certification as a viable theory of liability. Before the Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, courts disagreed over the scope and legitimacy of the theory, arguing that it
Confederate monuments have been a point of contention in America for decades, but a series of events since 2015 have stoked the most recent movement calling for their removal. In 2015, Dylann Roof murdered Black churchgoers at a historically Black church in Charleston, South Carolina. Because Roof was seemingly motivated
Gig work—the selling or renting of labor, effort, skills, and time outside of traditional employment—is a long-standing feature of the U.S. economy. Today, millions of “online gig workers” sell goods and services, or rent rooms, houses, vehicles, and other assets using app-online and app-based platforms (for example,
The Act amends Georgia’s law relating to the general provisions regarding bond and recognizances by revising the list of bail restricted offenses through the addition of both misdemeanor and felony crimes. The Act authorizes appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds
The Act expands the eligibility requirements for the Georgia Special Needs Scholarship Program. The Act removes the requirement of having to reside in Georgia for one year before becoming eligible for the Scholarship. Further, the Act requires the Georgia Department of Education to conduct annual surveys of parents whose children
The Act includes various amendments to Georgia’s sexual assault protocol. First, the Act creates a statewide tracking system for sexual assault kits. The system will track the location and status of kits through the investigative process and allow sexual assault victims to track or receive updates. Second, the Act
The Act criminalizes the possession of stolen mail and the theft of mail or packages from the porch or entrance of a residential building. A violator may be subject to felony prosecution and imprisonment of one to five years.
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