Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

2001

ISSN

0038-3910

Publisher

School of Law of the University of Southern California

Language

en-US

Abstract

Many legal rules turn on a party's state of mind or intent with respect to some action or consequence. Legal scholars have long debated the contours of such requirements and the sorts of proof required for them. Intent has been an especially controversial issue in antitrust law. This paper provides a theory of legal standards that explains the role of intent analysis in antitrust and in other areas of the law. We argue that intent requirements, and many other legal rules, can be understood by focusing on the goal of minimizing the expected costs from legal errors. After developing a positive theory of intent standards, we apply the theory to antitrust to show that it explains both the allocation of and proof requirements for the specific intent standards in antitrust doctrine. We then use the Microsoft case as a concrete study of the function of intent rules in antitrust.

Comments

Boston University School of Law Working Paper Series, Public Law & Legal Theory Working Paper No. 00-02

Find on SSRN

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.