In just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine “marriage” to include same-sex unions, this thesis analyzes Kitchen v. Herbert, a 2014 legal opinion from the United States Court of Appeals Tenth Circuit, to understand the rhetorical processes underpinning its redefinitional act. That analysis draws on Kenneth Burke’s theories of entitling and constitutions and discusses the rhetorical concepts of terministic screens, casuistic screens, scope and circumference as key features of the rhetoric of the legal opinions. The findings call for a balancing of deconstructive and conventional approaches to legal discourse. / Includes bibliography. / Thesis (M.A.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

No description available.

The purpose of this study is to analyze the possibility of political influence upon the Department of Justice merger decisions within the brewing industry. Political preference was measured by the congressional ratings of a liberal political action committee, The Americans for Democratic Action (ADA), thus giving a liberalness score. Regressions including the merger guideline variables and the political preference measurement were estimated with a logit model. After running numerous regressions, the addition of the political preference variable resulted in insignificance for otherwise significant 1968 and 1982 guidelines variables. These results may indicate an inability of the model to differentiate between political pressure on antitrust enforcement during the establishment of the 1968 and 1982 guidelines, or beyond the establishment of the guidelines. However, the Chair of the Senate Antitrust Subcommittee, the oversight committee for the Department of Justice, is found to be the most significant with liberalness having a positive impact upon the probability of DOJ merger litigation. / Graduation date: 1995

No description available.

Not available / text

This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.

Free and Open Source Software (FOSS) licences channel the exclusionary and individualising force of copyright to establish a qualitatively different, somewhat subversive, system for the exploitation of software. This thesis examines how it is that FOSS licences establish this 'system within a system' under both German and United States law. The inquiry begins with a detailed examination of FOSS licence templates as the instruments which transform code from its default position as the 'res' of proprietary relations to its status as 'open' or 'free'. The thesis then considers whether FOSS licence templates, as the legal basis for this subversive move, are valid and enforceable under domestic law. In addressing this question, the thesis undertakes a critical analysis of the leading case law in each jurisdiction. Going beyond the immediate case law, the thesis considers the broader systemic effects of FOSS licence enforcement. It highlights how building a system within a system foments certain tensions and contradictions within the law, in turn giving rise to unintended consequences and legal uncertainty. By highlighting these tensions, the thesis argues that the questions of FOSS licence enforcement in Germany and the United States may not be as settled as some may think.

In Peters and Pomeroy's fourth edition of Commercial Law, a number of cases are cited where there is a difference between the laws and rulings of the various states. There are only three cases in which the difference is given. The procedure was to find all of the cases in which there is any doubt as to the Texas law, and to quote the law or ruling as given by Peters and Pomeroy, and then to give the law or ruling of the State of Texas.

No description available.

The overall purpose of this study was to evaluate the current status of the Sherman Act's application to the professions, with emphasis on the accounting profession. This was further stated as two purposes. 1. The primary purpose was to interpret the historical development and current status of the most important defenses used in the courts by the professions and professionals against alleged violations of the Sherman Act. 2. The second purpose was to evaluate the relative importance of variables, including the defenses used, that have affected the outcomes of court cases involving alleged violations of the Sherman Act.