ipl-logo

Sherman Anti Trust Act By Harold Evans

1025 Words5 Pages
bulb-icon

Recommended: Sherman antitrust act apush chapter 23

The trouble with regulating private enterprise is that thrifty businessmen will always face fewer hurdles and more incentives to find loopholes in the law than government does to expand it. When hidden among the vast majority of principled entrepreneurs just doing their best to support both the economy and themselves, the line that divides employers and exploiters is nearly impossible to find. It is this such line that Harold Evans hoped to find in an article penned in the University of Pennsylvania Law Review and American Law Register, Vol. 59, No. 2, in 1910. Entitled The Supreme Court and the Sherman Anti-Trust Act, the article makes its case for the necessity and beneficiality of the Sherman Anti-Trust Act, defines the appropriate …show more content…

As explained by Evans, monopolies were first established under European feudalism, where lords would grant the exclusive legal right to use or produce certain goods as a means of garnering loyalty, revenue, and commercial control from their subjects (Evans, pg. 62). Evans compares this practice, eventually outlawed in England due to abuse and the collective recognition that such practices not in the common interest (Evans, pg. 63). Evans uses this historical precursor to trusts to reveal the similarly negative both government- and market-based monopolies share towards competition, and by extension, the public good, echoing Section 2 of the Sherman Anti-Trust Act …show more content…

Evans argues that all possible violations of the Anti-Trust Act could be divided into one of two categories: contracts in restraints of trade, and restrictions on competition. By dividing potential cases into these groups and applying different means of measurement, Evans claims one can discern more accurately which side of the legal line each case falls. Evans surmises that, in the case of contracts in restraint of trade, “applying the common law test of reasonableness” (Evans pg. 72) stands as the best means of measuring a contract’s legal validity. This changes when considering restraints on competition, in which Evans claims the “test of extent” (Evans, pg. 72) to be the most accurate means of testing legality. Evans defends his hypothesis by applying this procedure to all the Supreme Court cases between 1890 and 1910. Excluding cases which failed to meet the requirements of the Commerce Clause, or those filed between patentee and

Show More
Related
1905 Words | 8 Pages

However, in 1914, the United States Congress decided to pass and add two new laws to the antitrust laws. The two new laws consist of the Federal Trade Commission Act, and later created the FTC, and the Clayton Act. Today, the Antitrust law still consist of three laws and these are the last three mentioned above. Case Law Baseball Baseball is the only sport to that is total exempt

Read More
544 Words | 3 Pages

This investigation will scrutinize the question: To what extent did antitrust laws affect John D. Rockefeller’s company- Standard Oil? To analyze the effectiveness of the antitrust laws, the investigation will focus on the government policies and execution of said policies during the Gilded Age and the Progressive Era (1870-1920). The first source is a cartoon drawn by Horace Taylor for the September 25, 1899 issue of The Verdict named “What a Funny Little Government”. By 1890, Standard Oil dominated 90 percent of the oil industry, thus the publication date strengthens the value of the cartoon itself, since the close proximity enables for the cartoon to capture the perception of the cartoonist as well as the general public.

Read More
587 Words | 3 Pages

Oliphant 's Opaque Opinion Before Franklin Roosevelt 's New Deal, court justices referenced the Constitution in order to ensure economic liberty and prevention of encroachment upon private property. This conservative court was quick to strike down many of the New Deal initiatives, until there was a power shift on the bench in 1937. This historical context goes to show how a simple change in partisan power within the legal system has the potential to dramatically recalibrate the U.S. Supreme Court. In fact, just one justice has the capacity to have a strong influence within the courtroom.

Read More
186 Words | 1 Pages

Woodward influenced private business contracts today, as state’s and the national government are prohibited from imposing legislature that interferes with a person’s inalienable rights protected by the constitution unless it promotes the health, safety, and general welfare of the

Read More
174 Words | 1 Pages

The Progressive was a period in which new crusaders, also known as the “progressives”, engaged in combat with their society’s monopolies, corruption, and social injustice in order to “strengthen the State” and “use the government as an agency of human welfare.” This motif of these reformers was seen throughout this time and ultimately produced success stories but nonetheless fell to several limitations. As one discovers, Teddy Roosevelt known to history as the “Trust-buster” played a prominent role in launching a triumphant end to dishonest monopolies and trusts. In addition to corralling the corporations during this time, Roosevelt also impacted society with his reforms to assist the common man consumer, gaining initial inspiration from The

Read More
707 Words | 3 Pages

The work of Samuel Gompers acted as a catalyst to the dawning of the Progressive Era. Gompers’ revolutionary union work advocated for social justice and regulation within factories. HIs work with expanding the rights of workers through factory regulation and organized unions was continued even after his death by the organization her started in 1886. The American Federation of Labor outlasted even the Knights of Labor, and today is still a well respected organization. The American Federation of Labor grew from 50,000 members in 1886, to nearly 3 million members in 1924.

Read More
1379 Words | 6 Pages

Primary Source Analysis- During the time of reconstruction, which was after the civil war, the government passed the 13, 14, and 15th amendment to give African Americas freedom and rights. The 15th amendment gave the former African American slaves the right to vote. Between 1890 and 1906, the "new" south wanted to eliminate this right for the African Americans. Any African American who fought for their rights would be faced with violence known as lynching, murdering of three or more people.

Read More
575 Words | 3 Pages

After the Civil War, the United States had two distinct economies, which is quite significant. The Southern economy was completely damaged by the results of the Civil War. Southerners were forced to readjust their entire economy, because slaves needed to be liberated, leaving slave-owners with no workforce. Meanwhile, in the North, the need to supply Union armies with particularly daily supplies marked the start of an era of industrial development. Which giant corporations essentially emerged known as Big Business.

Read More
1725 Words | 7 Pages

Entry 1: The Sherman Antitrust Act: The Sherman Antitrust Act was passed by Congress in 1890. The Sherman Antitrust Act was the first measure put in place to allow free trade without any restrictions, and prohibited trusts in order to end them. This act gave Congress the right to regulate interstate commerce. Any restriction on free trade was marked as illegal and could result in fines and jail time. The Sherman Antitrust Act was basically a shield to protect people from the restriction of big corporations; in addition, this act had an immediate, threatening impact on the dominate businesses in the economy.

Read More
1017 Words | 5 Pages

In the post-Civil War United States corporations grew significantly in number, size and influence. Big business had a major impact on the economy and politics in America resulting in changes for many American citizens. As been noted, one way in

Read More
219 Words | 1 Pages

The Interstate Commerce Act (ICA) took place on February 4, 1887, when the Senate and House of Representatives granted Congress the power to regulate interstate railroads. This act included all transactions across several states. The Railroad Industry began taking advantage of the public by overcharging farmers, small business owners, and city to city passengers. The Interstate Commerce Act of 1887 originally regulated shipping rates on the Railroad system, but later improved delivery of all kinds such as air travel, trucking, and shipping. The Railroad Industry’s unfair practices targeted the public with underhanded prices.

Read More
1003 Words | 5 Pages

While some Americans blame the government for it being undemocratic, the elected officials have provided us with evidence that America is undemocratic. An ideal democracy is how the government puts the people’s interest before the businesses interest. In Lindblom’s story “The Market as Prison”, it introduces a mechanism called the automatic punishing recoil mechanism (APRM). This provides businesses to have a privileged position in society.

Read More
739 Words | 3 Pages

In the period between 1900 and 1920, the federal government and reformers were very successful in bringing social, economic, and political reform to the federal government. While not every aspect of it was successful, the rights of women, fighting against child labor and limiting the control of trusts and monopolies were three distinct successes of that time. Even before the progressive era, women challenged their place and articulated new visions of social, political and economic equality. The progressive era was a turning point for women as organizations evolved fighting for equal rights. Woman began to become very involved in a variety of reform movements.

Read More
585 Words | 3 Pages

Shivam Patel APUSH Mr. Mathison 1/10/14 ​Theodore Roosevelt (1858-1919) is a highly debated American figure. Many critics question his success in his presidency, while others glorify this battle torn American hero. His presidency was spontaneous. He did not know he was going to become the president, but fate worked its grasp around Roosevelt’s future, turning him from a new Vice President into the youngest appointed President in history. His energy inspired some, and turned away others.

Read More
1119 Words | 5 Pages

The great debate between a hands off, or laissez faire, and regulated capitalism has been occurring since even before the Industrial Revolution of the late 19th and early 20th Centuries. Major corruptions lean more towards the laissez faire economic policies because there are fewer restrictions. This might be beneficial for them, but for small town companies trying to pay bills and make profits. monopolies are a worrisome thought, especially when the larger companies are wishing to expand put them out of business. Regulated capitalism is a form of hands-on policy with the government including more strict codes for the industry.

Read More

More about Sherman Anti Trust Act By Harold Evans

Related Topics

Open Document