History of Public Interest Law

2019 ◽  
pp. 6-23
Author(s):  
Nan Aron ◽  
Shirley M. Hufstedler
2020 ◽  
Vol 65 (1) ◽  
pp. 87-101
Author(s):  
Dina I. Waked

This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the history of antitrust. This history is presented through the lens of the public interest that emerges into the balance between private property and competition policy. Tracing the public interest at different historical moments, we get to see how it has been broad enough to encompass social welfare concerns. Over time, the public interest concern of antitrust was narrowed to exclusively cover consumer welfare and its allocative efficiency. Once we frame antitrust as public interest law, in its broadest sense, we are empowered to use it to address inequality. A proposal to do so is exposed in this article.


Author(s):  
Burton A. Weisbrod ◽  
Kenneth J. Arrow ◽  
Joel F. Handler ◽  
Neil K. Komesar

1974 ◽  
Vol 27 (1) ◽  
pp. 45-55
Author(s):  
RICHARD D. HOBBET

Author(s):  
S.V. Zakharov

The main goals and objectives of those who are engaged in the study of local history, is not only educational activities, but also historical, cultural and environmental. For several decades in the study of such science as local history, researchers have made great strides, significantly increasing public interest. The concept of local lore as it developed was divided into several branches of knowledge, such as literary local lore, historical, geographical, and the like. In this paper, we will focus on the results that have been achieved by historical science to date and consider the development of local history on the example of Smolensk region.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.


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