Emory Law Journal

Volume 62Issue 6

Precedent and Reliance

Randy J. Kozel | 62 Emory L.J. 1459 (2013)

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place. American courts have made clear that deference to precedent is a flexible policy rather than an absolute rule. The defeasibility of precedent raises the possibility that stakeholders who fail to mediate their reliance on precedent forfeit any claim to judicial protection through the doctrine of stare decisis.

Read More »

Looking at the Monopsony in the Mirror

Maurice E. Stucke | 62 Emory L.J. 1509 (2013)

Although still a distant second to monopoly, buyer power and monopsony are hot topics in the competition community. The Organisation for Economic Co-operation and Development(OECD), International Competition Network(ICN), and American Antitrust Institute(AAI) have studied monopsony and buyer power recently. The U.S. Department of Justice and Federal Trade Commission pay more attention to buyer power in their 2010 merger guidelines than they did in their earlier guidelines. With growing buyer concentration in commodities such as coffee, tea, and cocoa, and among retailers, buyer power is a human rights issue.

Read More »

Long-Term Contracting the Way to Renewable Energy Investment: Lessons from Brazil Applied to the United States

Leah B. Chacon | 62 Emory L.J. 1563 (2013)

Fostering development of a renewable energy industry is critical to ensuring energy security and sustained economic development. The United States recently lost its status as global leader in new financial investment in renewable energy, while investment in renewable energy has increased in the developing world. For example, Brazil is the sixth largest investor in renewable energy and has moved up in renewable energy rankings. It is time for the United States to regain its leadership role and create a stable climate for renewable energy investment.

Read More »

Beyond School Finance: Refocusing Education Reform Litigation to Realize the Deferred Dream of Education Equality and Adequacy

Jared S. Buszin | 62 Emory L.J. 1613 (2013)

The academic achievement gap between poor, minority students and their wealthier white peers has been one of the most troubling and persistent policy problems in the United States throughout its history. For the past forty years, education reformers have turned to the courts to increase educational opportunities for minority and impoverished children by increasing their access to funding. Success in court has been mixed. While the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez foreclosed the possibility of a federal right to equalized education expenditures, education reform plaintiffs in many states have been able to secure a state constitutional right to equalized education funding.

Read More »