Oral History Interview – 8/7/1968 Administrative Information
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The Rule of Law & FTC: Thesis & Antithesis? Some Proposals
Volume 86 Issue 3 Dickinson Law Review - Volume 86, 1981-1982 3-1-1982 The Rule of Law & FTC: Thesis & Antithesis? Some Proposals John A. Maher Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation John A. Maher, The Rule of Law & FTC: Thesis & Antithesis? Some Proposals, 86 DICK. L. REV. 403 (1982). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol86/iss3/2 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. The Rule of Law & FTC: Thesis & Antithesis? Some Proposals John A. Maher* I. Introduction A. Recent Events December 17, 1980 is a remarkable date for those interested in either quality of government or, more particularly, evolution of the Federal Trade Commission's sense of the unfair.' On that day, the five Commissioners then in office2 purported to renounce Commis- sion reliance on what they apparently regarded as a non-exclusive substantive rule of decision concerning the content of their enabling 3 act's use of "unfair . .acts or practices." That renounced can be said to possess the cachet of Supreme Court approval by reason of a unanimous opinion in FTC.v. Sperry & Hutchinson Co.4 (S&H). * A.B. 1951, University of Notre Dame; LL.B. 1956, LL.M. (Trade Regulation) 1957, New York University; Professor, Dickinson School of Law. Professor Maher currently serves the Banking & Business Law Section of the Pennsylvania Bar Association as chairperson of its antitrust committee and as a member of its committee for reform and recodification of Penn- sylvania's corporation and partnership laws. -
Caspar Weinberger and the Reagan Defense Buildup
The University of Southern Mississippi The Aquila Digital Community Dissertations Fall 12-2013 Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup Robert Howard Wieland University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/dissertations Part of the American Studies Commons, Military History Commons, Political History Commons, and the United States History Commons Recommended Citation Wieland, Robert Howard, "Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup" (2013). Dissertations. 218. https://aquila.usm.edu/dissertations/218 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland Abstract of a Dissertation Submitted to the Graduate School Of The University of Southern Mississippi In Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy December 2013 ABSTRACT DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland December 2013 This dissertation explores the life of Caspar Weinberger and explains why President Reagan chose him for Secretary of Defense. Weinberger, not a defense technocrat, managed a massive defense buildup of 1.5 trillion dollars over a four year period. A biographical approach to Weinberger illuminates Reagan’s selection, for in many ways Weinberger harkens back to an earlier type of defense manager more akin to Elihu Root than Robert McNamara; more a man of letters than technocrat. -
1970 Annual Report of the FEDERAL TRADE COMMISSION
HD2775 1970 C.2 Annual Report of the FEDERAL TRADE COMMISSION 1970 Annual Report of the FEDERAL TRADE COMMISSION For the Fiscal Year Ended June 30, 1970 --------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price 40 cents (paper cover) Federal Trade Commission CASPAR W. WEINBERGER, Chairman PAUL RAND DIXON, Commissioner PHILIP ELMAN, Commissioner EVERETTE, MACINTYRE, Commissioner MARY GARDINER JONES, Commissioner BASIL J. MEZINES, Executive Assistant to Chairman JOSEPH W. SHEA, Secretary JOHN A. DELANEY, Acting Executive Director JOHN V. BUFFINGTON, General Counsel EDWARD CREEL, Director of Hearing Examiners FRANK C. HALE, Director, Bureau of Deceptive Practices ROY A. PREWITT, Acting Director, Bureau of Economics CHARLES R. MOORE, Acting Director, Bureau of Field Operations CECIL G. MILES, Director, Bureau of Restraint of Trade HUGH B. HELM, Acting Director, Bureau of Industry Guidance HENRY D. STRINGER, Director, Bureau of Textiles and Furs WILLIAM D. YANCEY, Acting Comptroller JOHN A. DELANEY, Director, Office of Administration DAVID H. BUSWELL, Director, Office of Public Information ii EXECUTIVE OFFICES OF THE FEDERAL TRADE COMMISSION Pennsylvania Avenue at Sixth St., NW. Washington, D.C. 20580 Field Offices Atlanta, Ga. Los Angeles, Calif. Room 720 Room 13209 730 Peachtree St. N.W. 11000 Wilshire Blvd. Zip code: 30308 Zip code: 90024 Boston, Mass. New Orleans, La. JFK Federal Building 1000 Masonic Temple Bldg. Government Center 333 St. Charles St. Zip code: 02203 Zip code: 70130 Chicago, Ill. New York, N.Y. Room 486 22nd Floor U.S. Courthouse and Federal Building Federal Office Building 26 Federal Plaza 219 S. -
Statutory Interpretation--In the Classroom and in the Courtroom
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1983 Statutory Interpretation--in the Classroom and in the Courtroom Richard A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Posner, "Statutory Interpretation--in the Classroom and in the Courtroom," 50 University of Chicago Law Review 800 (1983). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Statutory Interpretation-in the Classroom and in the Courtroom Richard A. Posnerf This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading stat- utes-the "canons of construction." The topics turn out to be re- lated. The last part of the paper contains a positive proposal on how to interpret statutes. I. THE ACADEMIC STUDY OF LEGISLATION It has been almost fifty years since James Landis complained that academic lawyers did not study legislation in a scientific (i.e., rigorous, systematic) spirit,' and the situation is unchanged. There are countless studies, many of high distinction, of particular stat- utes, but they are not guided by any overall theory of legislation, and most academic lawyers, like most judges and practicing law- yers, would consider it otiose, impractical, and pretentious to try to develop one. -
Judge Posner Through Dissenting Eyes
Journal of Contemporary Health Law & Policy (1985-2015) Volume 17 Issue 1 Article 6 2000 Judge Posner through Dissenting Eyes Richard D. Cudahy Follow this and additional works at: https://scholarship.law.edu/jchlp Recommended Citation Richard D. Cudahy, Judge Posner through Dissenting Eyes, 17 J. Contemp. Health L. & Pol'y xxxi (2001). Available at: https://scholarship.law.edu/jchlp/vol17/iss1/6 This Dedication is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Journal of Contemporary Health Law & Policy (1985-2015) by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. JUDGE POSNER THROUGH DISSENTING EYES The Honorable Richard D. Cudahy* What follows may be an unusual attempt at a dedicatory essay. But these are memories that come quickly to mind in connection with a colleague whom I esteem and respect in every way and to whom this issue of THE JOURNAL OF CONTEMPORARY HEALTH LAW AND POLICY is dedicated. On December 4, 1981, Richard Posner was named to the Seventh Circuit - one of the first of seven appointments by President Ronald Reagan to our court. As the first, last, and only appointee of President Carter to the same court, I awaited this event with bated breath - and some trepidation. At that point in history, there had been enough oratory about out-of-control federal judges taking the affairs of the country into their own hands to make one wonder what was in store with the new administration. And the arrival of Dick Posner did not disappoint. -
1962 Annual Report
Annual Report of the FEDERAL TRADE COMMISSION For the Fiscal Year Ended June 30, 1962 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C., 20402 - Price 45 cents (paper cover) Federal Trade Commission PAUL RAND DIXON, Chairman SIGURD ANDERSON, Commissioner WILLIAM C. KERN, Commissioner PHILIP ELMAN, Commissioner EVERETTE MACINTYRE, Commissioner JOHN V. BUFFINGTON, Assistant to Chairman JOSEPH W. SHEA, Secretary JOHN N. WHEELOCK, Executive Director FRANK C. HALE, Program Review Officer JAMES MCI. HENDERSON, General Counsel EARL J. KOLB, Director of Hearing Examiners DANIEL J. MURPHY, Director Bureau of Deceptive Practices WILLIAM F. MUELLER, Director Bureau of Economics SAMUEL L. WILLIAMS, Director Bureau of Field Operations BRYAN H. JACQUES, Director Bureau of Industry Guidance JOSEPH E. SHEEHY, Director Bureau of Restraint of Trade HENRY D. STRINGER, Director Bureau of Textiles and Furs ii EXECUTIVE OFFICES OF THE FEDERAL TRADE COMMISSION Pennsylvania Avenue at Sixth Street Northwest, Washington 25, D.C. Field Offices 30 Church St., New York 7, N. Y. Room 10511, U.S. Courthouse and Federal Building, 515 Rusk Avenue, Houston, Tex. Room 1310, 226 West Jackson Boulevard, Chicago 6, Ill. Room 811, U. S. Courthouse, Seattle 4, Wash. Room 306, Pacific Building, San Francisco 3, Room 1128, Standard Building, Cleveland 13, Calif. Ohio. Room 405, 215 West Seventh Street, Los Angeles Room 2806, Federal Office Building, Kansas 14, Calif. City, Mo. Room 1001, 131 State Street, Boston 9, Mass. Room 915, Forsyth Building, Atlanta 3, Ga. Room 1000, Masonic Temple Building, New 958 North Monroe Street, Arlington 1, Va. Orleans 12, La. -
The F.T.C., Oligopoly, and Shared Monopoly Faculty Research Working Paper Series
The F.T.C., Oligopoly, and Shared Monopoly Faculty Research Working Paper Series F.M. Scherer Harvard Kennedy School September 2013 RWP13-031 Visit the HKS Faculty Research Working Paper Series at: http://web.hks.harvard.edu/publications The views expressed in the HKS Faculty Research Working Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or of Harvard University. Faculty Research Working Papers have not undergone formal review and approval. Such papers are included in this series to elicit feedback and to encourage debate on important public policy challenges. Copyright belongs to the author(s). Papers may be downloaded for personal use only. www.hks.harvard.edu THE F.T.C., OLIGOPOLY, AND SHARED MONOPOLY F. M. Scherer September 2013 One of the most important but equally difficult problems faced by antitrust agencies is posed by oligopolistic firms sufficiently few in number that they refrain from active price competition even without entering into explicit price-fixing agreements. Expanding upon a tradition extending back in time at least to A. A. Cournot (1838), Edward H. Chamberlin crystallized the dilemma in his 1933 classic (from p. 48 of the 1948 edition): If each [seller] seeks his maximum profit rationally and intelligently, he will realize that when there are only two or a few sellers his own move has a considerable effect upon his competitors, and that this makes it idle to suppose that they will accept without retaliation the losses he forces upon them. Since the result of a cut by any one is inevitably to decrease his own profits, no one will cut, and, although the sellers are entirely independent, the equilibrium result is the same as though there were a monopolistic agreement among them. -
Conflict Among the Brethren: Felix Frankfurter, William O. Douglas And
CONFLICT AMONG THE BRETHREN: FELIX FRANKFURTER, WILLIAM 0. DOUGLAS AND THE CLASH OF PERSONALITIES AND PHILOSOPHIES ON THE UNITED STATES SUPREME COURT MELVIN I. UROFSKY* Following the constitutional crisis of 1937, the personnel of the United States Supreme Court changed rapidly as Franklin Roosevelt named new Justices whom he believed committed to the modem views of the New Deal. Roosevelt appointees constituted a majority of the Court by 1942, but instead of harmony, the Court entered one of the most divi- sive periods in its history. The economic issues which had dominated the Court's calendar for nearly a half-century gave way to new questions of civil liberties and the reach of the Bill of Rights, and these cast the juris- prudential debate between judicial restraint and judicial activism in a new light. The struggle within the Court in the early 1940s can be ex- amined not only in terms of competing judicial philosophies, but by look- ing at personalities as well. Felix Frankfurter and William 0. Douglas, both former academics, both intimates of Franklin Roosevelt and par- tisans of the New Deal, both strong-willed egotists, and both once friends, personified in their deteriorating relationship the philosophical debate on the Court and how personality conflicts poisoned the once placid waters of the temple pool. I. THE PRE-COURT YEARS On January 4, 1939, shortly after Franklin D. Roosevelt had sent to the Senate the nomination of Felix Frankfurter as Associate Justice of the United States Supreme Court, a group of top New Dealers gathered to celebrate in the office of Secretary of the Interior Harold L. -
Civil Rights and the Role of the Solicitor General
Twins at Birth: Civil Rights and the Role of the Solicitor General SETH P. WAXMAN* It is painful even today to contemplate the awful devastation wreaked upon this nation by the War Between the States. But like most cataclysms, the Civil War also gave birth to some important positive developments. I would like to talk with you today abouttwo such offspring ofthat war, and the extentto which, like many sibling pairs, they have influenced each other's development. The first child-the most well-known progeny of the Civil War-was this country's commitment to civil rights. The war, of course, ended slavery. But it did not-and could not--change the way Americans thought about and treated each other. Civil rights and their polestar, the principle of equal protection of the laws, encompass far more than the absence of state-sanctioned servitude. The Congresses and Presidents that served in the wake of the Civil War aimed at this more fundamental and difficult goal. They brought about ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments. And they enacted a variety of laws designed to enforce the guarantees of those Amendments. But as history shows so agonizingly, it takes much more than well-meaning laws--or even constitutional amendments-to reweave the social fabric of a nation. In the first place, a law that is merely on the books is quite different from one that is actually enforced. And what is more, a law that is enacted will not necessarily even remain on the books. Under the principle ofjudicial review established in Marbury v. -
Consumer Rights and the Regulatory Crisis
Catholic University Law Review Volume 20 Issue 3 Spring 1971 Article 5 1971 Consumer Rights and the Regulatory Crisis Nicholas Johnson Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Nicholas Johnson, Consumer Rights and the Regulatory Crisis, 20 Cath. U. L. Rev. 424 (1971). Available at: https://scholarship.law.edu/lawreview/vol20/iss3/5 This Comments is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. Consumer Rights and the Regulatory Crisis* Nicholas Johnson** I am writing to ask you to join in Common Cause. We are going to build a true "citizens' lobby"---concerned not with the ad- vancement of special interests but with the well-being of the nation.' Introduction: The Great Disintegration As our big, bustling nation races through the dawn of the new decade into the Spring of 1971, the American people seem peculiarly melancholy. Our government is failing us. The message comes from many tongues in many parts of the land. Na- tional news magazines do cover stories on "What Ails the American Spirit." The politicians talk of a pronounced psychic downturn, a recession of the spirit. Historian Richard Hofstadter calls the 1960's "The Age of Rubbish." Historian Andrew Hacker speaks of our time as "the end of the American era." The government is not working. Mason Williams knows it. He says: "Government makes better deals with business than it does with people." John W. -
90 Years and Two Days in Forty-Five Minutes Stephen Calkins Wayne State University, [email protected]
Wayne State University Law Faculty Research Publications Law School 1-1-2005 90 Years and Two Days in Forty-Five Minutes Stephen Calkins Wayne State University, [email protected] Recommended Citation Stephen Calkins, 90 Years and Two Days in Forty-Five Minutes, 72 Antitrust L. J. 1183 (2005). Available at: http://digitalcommons.wayne.edu/lawfrp/15 This Article is brought to you for free and open access by the Law School at DigitalCommons@WayneState. It has been accepted for inclusion in Law Faculty Research Publications by an authorized administrator of DigitalCommons@WayneState. NINETY YEARS AND TWO DAYS IN FORTY-FIVE MINUTES STEPHEN CALKINS* The Federal Trade Commission throws unusually good parties. Why this is true is not obvious-but it is obviously true. Perhaps the ability to party well is inherent in a collegial body. Democrats and Republicans, liberals and conservatives, are forced to coexist. Although the agency has experimented with strife, harmony has proven the superior approach. And how better to harmonize than through parties? Every FTC alum has favorite memories of inaugural parties, farewell parties, and holiday parties. Who can forget the time that-and discretion prevents the printing of the tale. So enamored of parties are ErC-ers that they continue going to FTC parties even after graduating from the agency, so to speak, as proven by the continued existence of the Castro C. Geer Chapter of the Federal Trade Commission Alumni Association.' To the list of fabled parties must now be added the Commission's 90th birthday party. The author of this commentary was drafted to attend the proceedings and then share reflections on the highlights and low- lights. -
The Double Life of Richard Posner, America's Most Contentious Legal
Rhetoric udge Richard A. Posner, Law The other two died long be- LL.B. ’62, is a fierce icono- fore him: Holmes served on clast who adorns his cham- the U.S. Supreme Court from bers with icons. In one 1903 to 1932; Cardozo made corner are photographs his reputation on New York of Justice Oliver Wendell The double life of Richard Posner, State’s highest court for 18 Holmes and Judge Henry years and then sat on the U.S. Friendly. In the opposite America’s most contentious legal reformer Supreme Court for six until corner is one of Justice Ben- he died in 1938. But for Pos- Jjamin Cardozo. In Posner’s ner, they remain alive through words, Holmes is “the most their judicial opinions as illustrious figure in the histo- by Lincoln Caplan shapers of legal pragmatism, ry of American law.” Friendly which he considers the only was “the most powerful legal reasoner in American legal history.” viable approach to judging in the United States today. Cardozo “has no peers” among twentieth-century state court In The Metaphysical Club, Louis Menand, Bass professor of English, judges and was “a great judge.” called the “attitude” of pragmatism “an idea about ideas.” “They It’s been a generation since Friendly died: he sat on the U.S. Court are “not ‘out there’ waiting to be discovered,” Menand wrote, “but of Appeals for the Second Circuit, in Manhattan, from 1959 to 1986. are tools—like forks and knives and microchips—that people de- Photograph by John Gress/Corbis Images Harvard Magazine 49 Reprinted from Harvard Magazine.