South Dakota Law Review

Articles from Vol. 58, No. 3, Fall

Agricultural Cooperatives and the Law: Obsolete Statutes in a Dynamic Economy
Agriculture has always had a special place in American politics and public policy. This was even truer in the first third of the last century when farmers were more numerous. Section 6 of the Clayton Act, (1) the Capper-Volstead Act, (2) and the Cooperative...
Antitrust and Competition in America's Heartland
On behalf of the University of South Dakota School of Law, the South Dakota Law Review, and myself, I would like to welcome you to the annual Symposium issue of the Law Review. Each year, the South Dakota Law Review selects a topic based on timeliness,...
Competition, Intellectual Property Rights, and Transgenic Seed
I. INTRODUCTION U.S. agriculture has been the testing ground for rapid innovation and penetration of transgenic crop technologies, particularly for row crops such as corn, cotton, and soybeans. Intellectual property ("IP") rights ideally promote...
Economic Power, Henry Simons, and a Lost Antitrust Vision of Economic Conservatism
As rival antitrust catechisms contest over the one true creed (Neo-Chicago, Post-Chicago, Behavioral, Game Theoretic), as the eternal quest continues for the single economic construct capable of scientifically settling all antitrust issues (allocative...
The Beef with Big Meat: Meatpacking and Antitrust in America's Heartland
The twenty-first century has seen dramatic changes in America's food system. Since the 1920s, however, the landscape of the meatpacking industry has changed very little. In 1919, the Federal Trade Commission ("FTC") found the five major meatpacking...
The Failure of Corporate Governance Standards and Antitrust Compliance
I. INTRODUCTION Antitrust policy in U.S. law ought to be promoted by two complementary bodies of law: the remedial provisions of antitrust law itself and the compliance obligations imposed on managers by corporate fiduciary law. Antitrust law provides...
Under Siege: The U.S. Live Cattle Industry
Although the largest U.S. agricultural sector--the live cattle industry--is still comprised of hundreds of thousands of independent producers, it is currently on a trajectory to become a vertically integrated supply chain controlled by just a handful...
Under Siege: The U.S. Live Cattle Industry
ii. Foreign Product Substitutes As confirmed by the United States International Trade Commission ("USITC"), the U.S. cattle market is highly sensitive to even slight changes in cattle supplies. The USITC found that the farm level elasticity of demand...