Through the book and the policies advanced in it, judge bork has had a profound impact on antitrust scholarship and practice. Antitrust jurisprudence is the rights greatest legal. Through the book and the policies advanced in it, judge bork has had a profound impact on antitrust. And leaving aside the theoretical expressions and implications of borks many wri by now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of robert borks formalist legal theory. Antitrust jurisprudence is the rights greatest legal success. T he case on pages 344 and 345 of the antitrust paradox is indeed the only thing in borks 462 page book that even faintly supports his current position. Aug 04, 2019 the antitrust paradox is a book by robert bork that criticized the state of united states antitrust law in the s. This paper has been identified as one of the most cited legal articles of all time. In 1987, he was nominated to the supreme court by president ronald reagan, but the senate rejected his nomination. Mar 07, 2018 as i have discussed elsewhere, antitrust law now resembles the recommendations that bork laid out in his famous book, the antitrust paradox. The antitrust paradox is the most important book on antitrust ever written.
Dec 19, 2012 robert bork s supreme court nomination. Jeff rated it really liked it jan 16, basically, antitrust is only to a couple of really bad businessmen who try to screw competitors even thought it is likely detrimental to them. But encouraging competition doesnt mean protecting david against goliath. Purchasers can download a free scanned copy of the original book without typos from the.
Bork argued that both the original intention of antitrust laws and economic efficiency was the pursuit only of consumer welfare, the protection of competition rather than competitors. The antitrust paradox by robert bork is your third recommendation. A policy at war with itself 11633 basic books 1978. Antitrust paradox robert h bork book written by robert h. Aug 01, 2019 the antitrust paradox is a book by robert bork that criticized the state of united states antitrust law in the s. Along with judge robert posners seminal book antitrust law1976, the influence that borks book has had on modern competition law in the.
The supreme court relied primarily on borks argument that congress intended the sherman act to advance consumer welfare in making its landmark statement in reiter v. Itis also a pleasure to join in paying tribute to judge borkswork. But by the 1960s he was selling a new brand of legal conservatism, which he dubbed. This historic book may have numerous typos, missing text or index.
There daniel kishi attacked robert bork for redirecting antitrust law to the detriment of the american economy. The books primary themes were that antitrust doctrine should be concerned only with economic efficiency which bork termed consumer welfare and that antitrust law had come untethered from efficiency. Apr 05, 2018 the short answer is that judge borks views on competition and antitrust, best expressed in his 1978 the antitrust paradox, found immediate purchase in the corridors of power. There are two things that robert bork, two of the main trends in recent antitrust policy. Buy a cheap copy of antitrust paradox book by robert h. Bork reshaped antitrust law with his stillclassic 1978 book, the antitrust paradox, which forced lawyers to confront the contradiction between the purposes of antitrust law. The best books on market competition five books expert. Bork s big argument in the book was this the point of antitrust is to encourage competition, everybody agrees. Robert bork, the antitrust paradox valposcholar valparaiso. Mar 01, 2018 bork expressed his disgust in the antitrust paradox, a book published 40 years ago in 1978. Bork, the conservative legal champion whose bitter defeat for a supreme court seat in 1987 politicized the confirmation process and changed the courts direction for decades, died. Tsvetelin tsonevski rated it it was amazing feb 22, miguel sotomayor rated it really liked it sep 12, by now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of robert borks formalist legal. In the four decades since the publication of the antitrust paradox, corporate concentration has remade nearly every corner of the u.
It is claimed that the work is the most cited book on antitrust. Antitrust and the candlestick makers the american spectator. Borks views and writings on antitrust were dispositive and have informed all of antitrust thinking at least since the books publication in 1978. Bork is a serious supreme court nominee deserving of serious consideration. Now reissued with a new introduction and eiplogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses robert bork s view of antitrust law has had a profound impact on how the law has been both interpreted and applied. It was an important corrective to some of the badly thoughtout overreaches in antitrust policy at the time and advocated for. Lucid, highly readable, and full of rich social and political implications, the antitrust paradox illustrates how the purpose and integrity of law can. Robert borks supreme court nomination changed everything. Along with judge robert posners seminal book antitrust law1976, the influence that bork s book has had on modern competition law in the. Outside of the antitrust world, robert bork is known primarily for his senate confirmation hearings after his supreme court nomination. As antitrust specialists would expect, robert borks book the. Borks big argument in the book was this the point of antitrust is to encourage competition, everybody agrees. Robert bork fundamentally changed the field of antitrust law with the publication of his book the antitrust paradox in 1978.
The antitrust law journal, robert bork, the european union. For those of you that werent paying attention during the 1980s, bork arrived at the senate hearings as an exceptionally wellqualified nominee by president ronald reagan to the us supreme court. Leif rated it really liked it nov 04, in these tasks, borks skills as a lawyer and thinker are beyond reproach. Disagreement on particular antitrust cases, of course, continues, but the disagreements take place in the legal landscape that he created. Bork the antitrust paradox pdf search for happiness. The antitrust paradox is robert bork s magnum opus. This is one of the best antitrust book that contains 479 pages, you can find and read book online or download with isbn 9780029044568. Jul 14, 2017 bork reshaped antitrust law with his stillclassic 1978 book, the antitrust paradox, which forced lawyers to confront the contradiction between the purposes of antitrust law. One thing is that back then, there was a distinction between.
Since it first appeared in 1978, this seminal work by one of the foremost legal minds of our age has. A former professor of law at yale law school, he is currently a professor at ave maria school of law, a senior fellow at the american enterprise institute, and the tad and dianne taube distinguished. It is a scholarly, yet accessible, examination of the nations antitrust laws, the history and policies behind them, and their application from their inception to today. Now reissued with a new introduction and eiplogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses robert borks view of antitrust law has had a profound impact on how the law has been both interpreted and applied. Bork relesead on 199301 and published by free press. Of all robert borks many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of u. Antitrust paradox is an important contribution to the antitrust dialogue. Bork formerly served as a yale law school professor, solicitor general, acting attorney general, and judge for the united states court of appeals for the district of columbia circuit. A second edition, updated to reflect substantial changes in the law, was published in 1993. Bork expressed his disgust in the antitrust paradox, a book published 40 years ago in 1978.
In 1987, he was nominated to the supreme court by president ronald reagan, but the. Poly 455 2008 theabiding influence of theantitrust paradox george l. But bork considerably overstated his case about the period prior to the 1930s. Among legal scholars, bork was known for his influential and serious scholarship in many areas, including antitrust law. The short answer is that judge borks views on competition and antitrust, best expressed in his 1978 the antitrust paradox, found immediate purchase in the corridors of power. Crane of all robert borks many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of u. Originalist robert bork wrote an article in that looked at the legislative intent of the sherman act to limit the scope of antitrust law in the us. Antitrust paradox robert h bork discover great book to. Bork formerly served as solicitor general, acting attorney general, and judge for the united states court of appeals for the district of columbia circuit.
The central, pragmatic thesis of bork is maximization of consumer welfare also called economic efficiency and not the protection of small businesses in addressing any antitrust issue. Except when responding to advertisements and sale promotions, the people are stupid. The reformation of competition law in america, which has influenced law around the world, is in reality one of the greatest achievements of the forces for liberty. It was an important corrective to some of the badly thoughtout overreaches in antitrust policy at the time and advocated for concepts that are still relevant today. Contra the letter and intent of decades of antitrust legislation and rulings, bork asserted that the. Perhaps we will differ on the interpretation of him but. Pages can include considerable notesin pen or highlighterbut the notes cannot obscure the text. Important book that transformed the nations antitrust law.
The antitrust paradox was an extremely important book, a real example of how ideas can have a major impact in the world, for better or for worse. Neutral principles and some first amendment problems. With his late 1970s book he succeeded in changing an entire field of law. At the time bork was writing, there was plenty of judicial hostility toward vertical integration. Easterbrook, the chicago school and exclusionary conduct, 31 harv. Any antitrust person would tell you the same thing. Robert bork, ab48, jd53, a former judge, law professor and solicitor general of the united states who was nominated to serve on the u. The antitrust paradox is a 1978 book by robert bork that criticized the state of united states antitrust law in the 1970s. Originalist robert bork wrote an article in 1966 that looked at the legislative intent of the sherman act to limit the scope of antitrust law in the us. The antitrust laws were passed and began to be enforced at a time when americans were going through one of their bouts of especially intense criticism of the nations business structure and practice.
Mar 01, 2018 robert borks america published 40 years ago, borks book on antitrust law fundamentally changed americas economy for the worse. Among legal scholars, bork was known for his influential and serious scholarship in. Priest it is an honor to be invited to write about judge robert h. In these tasks, borks skills as a lawyer and thinker are beyond reproach. The most serious vice of this book has one related virtue. April 9, 2019 fourteenth amendment, new originalism, originalism, privileges or immunities clause, raoul berger, robert bork, slaughterhouse cases. Robert borks america published 40 years ago, borks book on antitrust law fundamentally changed americas economy for the worse.
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