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Innovation by Persuasion in a Noncoercive Consumer Economy
The New York v. Actavis decision created the coercion test as an intermediate step toward characterizing product-hopping as an antitrust offense. This Note argues that, through the introduction of the coercion test, Actavis deemphasized the importance of consumer benefits flowing from innovation””whether trivial or substantial””in the demand-side antitrust analysis. Further, the coercion test, defined in…
The Constitutional Price for Affordable Housing
The California Supreme Court held, in the landmark case California Building Industry Association v. City of San Jose, that the City of San Jose’s inclusionary housing ordinance is a valid exercise of the City’s police power. In the context of legal precedent, the California Supreme Court decided the case correctly by applying a lenient standard…