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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…
No State Power: Critiquing the Eighth Circuit’s Preemption Analysis
This note contends that federal law should preempt state and local laws that regulate where undocumented immigrants may reside within the United States. In Keller v. City of Fremont, the Eight Circuit recently upheld a local ordinance prohibiting undocumented immigrants from renting housing within the boundaries of the city of Fremont. Though the U.S. Supreme…