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Course Details

Antitrust Policy Seminar (Hovenkamp)

Fall 2024   LAW 909-001  

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Faculty
Herbert Hovenkamp

James G. Dinan University Professor

hhovenka@law.upenn.edu
Additional Information

Skills Training
Oral Presentations
Team Projects
Expository Writing

Grading
25% Participation,
75% Paper

Satisfies Senior Writing Requirement

Yes
Please notify your instructor if you plan on using the paper to satisfy the senior writing requirement. Such paper must be submitted two weeks prior to the final deadline. Your instructor will give you comments and then there must be a rewrite.

Location

Class meets in person.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. I will make these recordings routinely available on the course site to everyone in the class.

Meeting Times/Location
M 2:00PM - 4:00PM
Silverman Hall 270

Category
Seminar

Credits
3.0

Federal Antitrust Policy is a research and writing seminar focusing on the development of a scholarly paper (20-30 pages) in antitrust law, which may be used to satisfy the senior writing requirement. The only limitation on the choice of a topic is that it concern some aspect of antitrust. Interdisciplinary topics are encouraged, including antitrust policy's engagement with economics, intellectual property, Constitutional Law, history, psychology, or politics. Your instructor will offer a list of possible topics or you can select one subject to prior discussion and approval. The early weeks will be devoted to reading and panel discussions of important recent papers. During that time, in collaboration with your instructor, you will select a topic. Grading will be based on the paper plus class participation. No textbooks are required, and all required readings will be posted on Canvas. Those who want more background on the antitrust laws may optionally read Herbert Hovenkamp, Federal Antitrust Policy: The Law of Competition and its Practice (West Academic, 7th ed. 2024); or Herbert Hovenkamp, Tech Monopoly (MIT Press, 2024). Both will be published in the fall, 2024. Each student will make 2 class presentations. The first will be a panel discussion moderated by one student and on a recent paper. The second will be a solo presentation, not exceeding 30 minutes, by each students on his or her own paper. All final papers will be due on a date to be specified but no later than the end of the final examination period. Students who wish to use this paper to meet the senior writing requirement must notify the instructor upon selection of a topic and complete a firm provided by the Registrar. For them, a first draft of the paper must be submitted for preliminary evaluation and a rewrite approximately two weeks prior to the deadline for the final paper. That date will be specified later.

Course Concentrations

Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.

International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.