Monday, June 9, 2008
Posted by D. Daniel Sokol
Richard Brunell of Boston College Law School writes on Overruling Dr. Miles: The Supreme Trade Commission in Action.
ABSTRACT: This article sharply criticizes the Supreme Court's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. on jurisprudential and policy grounds. Placing Leegin in historical context, the article explores the role of the Supreme Court in making antitrust policy and considers the per se rule against resale price maintenance under a decision-theoretic framework.