
	Where results make sense

Topic: Rule of reason

	CHANCE, REASON, AND THE RULE OF LAW (Site not responding. Last check: 2007-10-13)
		Duxbury is aware, for example, that even when the reasons for deciding the case in one particular way remain obscure, there is, nevertheless, some advantage in the decision maker still attempting to articulate what might be the relevant reasons for his or her decision.
		The rules are prior to the cases, that is, the rule is independently determined and brought to bear on the facts of the case if the case is one of those subsumed under the rule.
		If the judge refers at all to prior rules in coming to her decision, it is usually to point to rules in earlier cases that are either 'too broad' (and, despite earlier appearances, therefore, should not embrace the instant case) or 'too narrow' (and should).
	www.utpjournals.com /product/utlj/504/504_chapman.html (10866 words)

	III. THE TRUNCATED OR "QUICK LOOK" RULE OF REASON
		To invoke the traditional rule of reason, efficiencies must be both plausible on the arguments and valid under the facts.
		In evaluating under the rule of reason the legality of various restraints on price and non-price advertising, the Commission conducted a "flexible enquiry, examining a challenged restraint in the detail necessary to understand its competitive effect." CDA I, slip op.
		LEXIS 28882, at 18 (viewing the truncated rule* of reason as applicable to cases that are "sufficiently anticompetitive on their face that they do not require a full-blown rule of reason inquiry"); Brown University, 5 F.3d at 669 ("competitive harm is presumed" under quick-look rule-of-reason analysis).
	www.ftc.gov /opp/jointvent/3Persepap.htm (4358 words)

	American Antitrust Institute - Activities (Site not responding. Last check: 2007-10-13)
		This is an evidentiary methodology somewhere between a per se rule, which ignores any pro-competitive arguments once it is apparent that the violation is of a sort that is unlikely to be defensible, and a rule of reason approach, which invites an endless array of evidence in order to balance efficiency benefits against competitive losses.
		Rule of reason entails massive discovery, lengthy trial, and ample expert testimony that what the defendant did had or did not have legitimate business purposes that do or do not outweigh the anticompetitive effects.
		Rule of reason means the government must spend more resources per case, hence can bring fewer cases.
	www.antitrustinstitute.org /recent/31.cfm (672 words)

	Document: Speech by Rick Rule re electronic B2Bs and antitrust, 9/14/00.
		Rule then began a discussion of two topics which he described at Section 7 formation issues, and Sections 1 and 2 rules of the road issues.
		The 20% rule was, as long as the service or commodity represented less than 20% of the final cost of the output, that the joint purchases made,..., it was OK...
		I mean, if you really understand the argument, the reason that you tend to have a single platform, is because it is more efficient to deal with a single platform than multiple platforms, for a variety of different reasons.
	www.techlawjournal.com /agencies/ftc/covisint/20000914rule.asp (1604 words)

	DAR File No. 27725 (Section R81-5-5) UT Bull 2005-6 (3/15/2005)
		This proposed rule amendment furthers the intent of Subsection 32A-5-107(18) that private clubs advertise in a manner that preserves the concept that private clubs are private and not open to the general public.
		This rule is pursuant to the commission's powers and duties under 32A-1-107 to act as a general policymaking body on the subject of alcoholic beverage control and to set policy by written rules that prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored.
		This rule furthers the intent of 32A-5-107(18) that private clubs advertise in a manner that preserves the concept that private clubs are private and not open to the general public.
	www.rules.utah.gov /publicat/bulletin/2005/20050315/27725.htm (794 words)

	Arkham Horror
		This statement in no way means that the rules are incomplete, but rather that the rules are a sound basis for play that can be altered by consent of the players prior to starting to better meet the gaming style and experience level of the collective players.
		Reason for the House Rule: The creatures did not see (or understand) the actions of the Investigator, so were caught off guard and sucked through the gate just like any monsters that match the symbol on the Gate Token.
		Reason for the House Rule: This rule enables the novice players to leave after one round of combat without being reduced to zero Stamina in subsequent rounds.
	www.fantasyflightgames.com /ah_houserules.html (2226 words)

	Summa Theologica
		First, according as the mean is observed in the act itself of reason, as though the very act of reason were made to observe the mean: in this sense, since moral virtue perfects not the act of reason, but the act of the appetitive power, the mean of moral virtue is not the rational mean.
		Consequently the rectitude of reason is the mean of moral virtue, and also the mean of prudence---of prudence as ruling and measuring, of moral virtue, as ruled and measured by that mean.
		The other rule or measure of theological virtue is by comparison with us: for although we cannot be borne towards God as much as we ought, yet we should approach to Him by believing, hoping and loving, according to the measure of our condition.
	www.godrules.net /library/summa/FS064.htm (2528 words)

	HIPAA Privacy Rule and Its Impacts on Research
		The Privacy Rule permits the individual's access rights in these cases to be suspended while the clinical trial is in progress, provided the research participant agreed to this denial of access when consenting to participate in the clinical trial.
		For example, the Privacy Rule allows the research authorization to state that the authorization will be valid until the conclusion of the research study, or to state that the authorization will not have an expiration date or event.
		The Privacy Rule permits, under the "preparatory to research" provision, investigators who are employees or other members of the covered entity's workforce to obtain and record information from that covered entity's medical records for the purposes of identifying and recruiting potential human subjects.
	privacyruleandresearch.nih.gov /faq.asp (7458 words)

	Antitrust Law [NYS-STLC]
		The per se rule is generally appropriate only after judges have had long experience with a certain practice, and have concluded that the practice produces many pernicious results and almost no beneficial ones.
		Under the rule of reason test the fact finder must weigh all circumstances of the case to decide whether the practice complained of unreasonably restrains competition.
		The rule of reason does not, however, require the plaintiff to demonstrate that the complained of practice is unfair or tortious.
	nys-stlc.syr.edu /lawlibrary/antitrust/antitrustbasics.aspx (849 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		decision now requires district courts to apply the rule of reason analysis, in which the court takes into account a variety of factors, including specific information about the relevant business, its conditions before and after the pricing was imposed, and the pricing’s history, nature, and effect.
		Thus, most antitrust claims are analyzed under the rule of reason, which permits the district court to evaluate the competitive effect of the restraint before determining its legality.
		rule, such as: fear of interference with dealers’ freedom; concern that prices would be set too low for dealers to offer essential or desired services; and fear that maximum resale price fixing could be used to disguise arrangements to fix minimum prices.
	www.weil.com /wgm/cwgmpubs.nsf/475bf0f96efe96638525679b0053248d/511f249256234dc68525679900786948?OpenDocument (1238 words)

	The Federalist Society. Practice Group Newsletters. Corporations, Securities & Antitrust. (Site not responding. Last check: 2007-10-13)
		A 5 to 4 vote ruling — with Justice Stephen Breyer, the Court's antitrust scholar, writing the dissent — is practically nirvana for those who like to parse the Court's pronouncements on matters of restraint of trade.
		The Commission, in an opinion authored by Chairman Robert Pitofsky, ruled that the restraints on price advertising were per se unlawful, reasoning that the bans on truthful, nondeceptive advertising about low fees and across the board discounts amounted to a naked attempt to limit price competition.
		The majority (and the dissent) plainly endorsed the notion that there is a broad spectrum of rule of reason analysis, and that the quality and quantity of proof will vary depending on the circumstances.
	www.fed-soc.org /Publications/practicegroupnewsletters/corporations/dentists-corpv3i3.htm (1311 words)

	Executive Summary Of The Antitrust Laws
		For one thing, reasonableness is an ephemeral concept, and whether a particular course of conduct will ultimately be found to be reasonable is not easy to predict when new business arrangements are contemplated.
		Such restraints are subject to the rule of reason with validity depending on economic justification, so long as the agreements are purely vertical and do not involve horizontal conspiracy among the dealers.
		As a general rule, counsel should be consulted before significant patents or license rights thereunder are acquired from third parties; and it is important to have counsel review all patent licenses to be certain that any restrictions they contain do not raise unintended antitrust difficulties.
	library.findlaw.com /1999/Jan/1/241454.html (6722 words)

	Volume 1, Elements of Reason, Foreword
		Reliable rules and patterns can be followed one at a time or one after another to obtain conclusions or results.
		In both arithmetic and logic, rules and patterns if followed carefully lead to results which are repeatable and reproducible, and thus verifiable and objective: two individuals following the same rules and patterns with the same data or in similar circumstances should obtain the same or similar results.
		Volume 1, Elements of Reason, its first part, entertains and informs apart from mathematics, as it describes logic, critical thinking and problem solving skills for many arts and disciplines: Learn about the benefits, origins, limits and risks of rule- and pattern-based activities and explanations.
	whyslopes.com /etc/index.html (1548 words)

	Proposed Change to proposed new rule - R746-352 - Price Cap Regulation
		This new rule was created to set up a price cap regulatory approach in order to set future prices for tariffed public telecommunications services offered by telecommunications corporations subject to the pricing regime of Section 54-8b-2.4.
		The rule establishes the methodology for calculating the indices that will be applicable to these tariffed services and describes the filings, procedural process and reporting requirements by which these indices will be set on an annual basis.
		The rule itself does not cause compliance costs, the 1995 statutory changes setting forth the regulatory approach to be applied is the cause of any compliance costs.
	www.psc.state.ut.us /rules/352cfrFebfrm.htm (964 words)

	Antitrust Law - Cambridge University Press
		Rule of reason and per se rule; 14.
		Tension between rule of reason arguments and per se rule; 45.
		Reasons for merging and implications for law; 49.
	www.cambridge.org /aus/catalogue/catalogue.asp?isbn=0521793785 (481 words)

	Title
		A reasonableness or balancing test inquiry would be problematic because judges are left to value and balance public interests in the absence of statutory guidance against other public interests recognized in the statute.
		Extending the rule of reason approach to copyright misuse requires courts first to evaluate the scope of the rights and the breadth of protection granted to copyright holders, and, second, to evaluate the net competitive effects of any questionable conduct.
		It remains to be seen whether a rule of reason analysis not rooted in competitive effects but instead focused on the more amorphous concept of public policy will arise in the courts.
	www.law.berkeley.edu /journals/btlj/articles/vol15/frischmann/frischmann.html (15070 words)

	Rule Violation \| Corrective Action \| Training \| UHRS \| IU
		These rules can be formal university policy, department specific procedures, or the informal understandings of the workplace.
		Clearly communicate the violated rule and the reason for the rule.
		If you have been lax or inconsistent in applying the rule review the section on changing a past practice.
	www.indiana.edu /~uhrs/training/ca/rule_violation.html (143 words)

	6 Rule and Pattern Based Reason - Mathematics and Euclidean Logic, an Example
		Briefly put, from the mid-eighteenth century to the 1920’s, the formulation of rules for arithmetic, more precisely for set formation, provided a more certain, thought-based, set-theoretic foundation [3] for the algebraic way of arriving at conclusions about sets, numbers and calculations, and also for geometry.
		The standards of reason or persuasion in mathematics have been raised and made more strict with the passage of time and the accumulation of knowledge of what to do and avoid.
		There appears to be at least three kinds of reason in mathematics: (i) Pattern Recognition, (ii) Use of methods with repeatable and reproducible, and thus verifiable results; and (iii) deductive based chains of implication rules, direct or indirect.
	whyslopes.com /etc/MathCurriculumNotes/ch06a_Mathematics_Axiomatic_Codification.html (1272 words)

	Rule of reason; rethinking another classic of EC legal doctrine - ruleofreason - Universiteit van Amsterdam (UvA)
		Ever since the Dassonville and Cassis de Dijon rulings, the ‘European’ rule of reason stands for the dilemma between EU norm imposition and requirements of general interest.
		The contest between imposition of EU norms and national legislation defending public interest that is incorporated by the Rule of Reason deserves to be studied on its own account.
		The Universiteit van Amsterdam is hosting a one-day conference on the Rule of Reason concept.
	www.jur.uva.nl /ruleofreason (625 words)

	Reason Magazine - Rules Rule
		It stands to reason that someone who is blithely confident that an unshackled federal Congress could authoritatively solve those myriad crises would be leery of any attempt to restrain lawmakers from striding forward manfully and doing so.
		We can reason out the advantages of not having legislators rooted in Washington for decades, or of not permitting them to spend wildly regardless of revenue.
		Still, opposition to procedural rule reform often springs from a general misunderstanding of proper government powers.
	www.reason.com /news/show/29951.html (742 words)

	SCOTUSblog
		The Fifth Circuit Court had rejected a plea to apply "rule of reason" analysis to the price-fixing complaint by the operator of Kay's Kloset, a retail store in Lewisville, Texas.
		In one of the criminal appeals the Court accepted for review, the Court will rule on a federal appeals court's authority to overturn a death sentence in a habeas case, based on a finding that the prosecutor's closing argument in the penalty phase was unfairly inflammatory (Roper v.
		South Carolina last year was about an evidence rule excluding testimony regarding third-party guilt under certain circumstances, not whether or not the exclusion of testimony regarding third-party guilt is harmless error, but is that likely to make much difference in Fry v.
	www.scotusblog.com /movabletype/archives/2006/12/court_to_rule_o_5.html (1170 words)

	The Rule of Reason: Weblog of the Center for the Advancement of Capitalism (Site not responding. Last check: 2007-10-13)
		While the Court of Appeals’ ruling was a total vindication of baseball, the judges made little effort to hide their official disdain for Major League Baseball’s antitrust exemption.
		In this case, we are called upon to address two key issues: (1) the effect of the federal rule upon state antitrust law and (2) whether the exemption extends beyond antitrust prosecutions into the realm of mere investigations.
		All antitrust law is “judge made.” The two principle rules of antitrust analysis—the per se rule and the rule of reason—are fabrications of the Supreme Court, not the mandate of Congress.
	ruleofreason.blogspot.com /2003_05_25_archive.html (2590 words)

	[No title]
		Undeterminable--To the extent that rates set in the rule are lower than those previously charged, revenue reductions will occur for those entities which previously charged the higher rate; this will be offset by a reduction in costs or expenses of those entities who previously paid the higher rate.
		As is often the case for the Commission, promulgation of the rule requires balancing interests of various parties.
		The Commission has crafted a rule which it believes is consistent with both state and federal law and sets terms which are conducive to the public interest and well being of the State of Utah and its citizens generally.
	www.psc.state.ut.us /rules/R345CPRform10-04.htm (949 words)

	Of lemons and threats to the rule of reason - Opinion - www.theage.com.au
		Rather than the "reasonable force" against burglars now allowed, it is suggested the householder be allowed to use any force necessary, provided it's not "grossly disproportionate".
		Which, I suspect, is why even though nobody was seriously hurt in the course of it, the case of the flung lemon is so frightening.
		Because without a common consent to the rule of reason, by self-starting battlers along with everyone else, none of our laws mean anything at all.
	www.theage.com.au /news/Opinion/Of-lemons-and-threats-to-the-rule-of-reason/2004/12/11/1102625581863.html?from=moreStories (724 words)

	Right to Rule and Reason to Obey (Site not responding. Last check: 2007-10-13)
		Undoubtedly, absolute justice exists, emanating from reason alone; but in order for it to be accepted among men, it has to be reciprocal.
		First, the contract is not between the ruler and the ruled; it is a contract between free men who are equal by their natural right.
		This is the reason, in a state, for government, which has been inappropriately confused with the sovereign, of which it is only the minister.”
	www.alochona.org /magazine/2001/july/politics.htm (1761 words)

	SLYWare's Website - Network Management using Abstracted XML Specifications Page 3
		The pre-processor itself is in fact a serial processing XML filter, using a set of predefined rules (specified as restrictions) to analyse the stream of XML as it passes.
		Elements that match the rules will be returned to the user, along with the text reason for that restriction matching.
		Restriction rules are defined within the main translation XML file, and aim to provide a mapping between combinations of elements to some text string.
	www.slyware.com /projects_xmlnetman_3.shtml (1738 words)

Try your search on: Qwika (all wikis)