WHAT IS THE JUDGE IN COURT DOING?


("PRESIDING OVER THE TRADING OF HUMAN PARTS", D.B.A HARJ GILL "Harj Gill")


(WORK IN PROGRESS ON THIS PAGE)

 



THIS PAGE DISCUSSES THE ROLE OF MANY OF THE KEY JUDGES IN OUR COURTS.  THE QUESTION I ASK HOW MANY OF YOU ARE AWARE OF EXACTLY WHAT IS HAPPENING IN COURT AND WHAT EXACTLY IS  THE MATTER THE JUDGE IS PRESIDING OVER.  


YOU MAY BE SUPRISED TO KNOW THE ROLE OF CERTAIN JUDGES IS VERY DIFFERENT THAN ONE MIGHT EXPECT.


BEFORE I PROCEED TO COMPLETE THIS PAGE PLEASE WATCH THE VIDEO BELOW OF A LECTURE TO JUDGES IN THE US.






KEY POINTS OF THIS VIDEO BELOW:  (I WILL ADD SOON MY ANALYSIS AS THE ANTITRUST LAWS PERTAIN TO THE BUYING AND SELLING OF HUMAN BODY PARTS) 



THIS IS PART A NATIONAL WORKSHOP FOR DISTRICT JUDGES, STAFF ATTORNEYS, AND LAW CLERKS IN BALTIMORE, MARYLAND - LECTURE ON AUGUST 10, 1999 Prof. John Shepard Whiley Jr.


QUOTES FROM VIDEO LECTURE:  RE: (ANTITRUST DOCTRINE)



THE INTRUST LAW PERMITS JUDGES "TO INVENT".




"GOOD ANTITRUST LEGAL ANALYSIS REQUIRES BASIC BACKGROUND IN ECONOMICS"



"WE HAVE HAD 100 YEARS OF ANTITRUST"



"ANTITRUST IS A COMMON LAW FIELD"



"THREE KEY ECONOMIC PRINCIPLES  -  1. COMPETITIVE PRICING DIFFERS FROM MONOPOLY PRICING"



2.  CARTELS MAINTAIN TO MIMIC MONOPPLY CONDUCT, BUT THE "PER SE RULE AGAINST PRICE FIXING"

FORBIDS IT.


3. MARKET CONCENTRATION SUPPOSITION: THE MORE CONCENTRATED THE MARKET, THE MORE LIKELY IS CARTEL CONDUCT.



"ECONOMIC ANALYSIS SERVES POLICY OBJECTIVES, WHICH IS VARIED"


"ITS UP TO JUDGES TO DETERMINE POLICY GOALS - AND THEY HAVE CHANGED OVER TIME"




"CARTELS ARE THE CENTRAL EVIL THAT THE SHERMAN ACT TRYS TO FORESTALL"



"PETER AND MARC GAVE YOU AN OVERVIEW OF A HIGHLY STATUTORY SET OF SUBJECTS - PATENT, COPYRIGHT AND TRADEMARK."



"SHERMAN ACT AN ACT OF CONGRESS which IS FUNDAMENTAL ANTITRUST STATUE"


SHERMAN ACT IS BRIEF:

"SHERMAN ACT 15, USC S1:


EVERY CONTRACT, COMBINATION..., OR CONSPIRACY, IN RESTRAINT OF TRADE... IS DECLARED TO BE ILLEGAL"


"CONTRACT, COMBINATION, CONSPIRACY  -- ARE ALL AGREEMENTS. A MEETING OF THE MINDS, -- OF A RESTRAINT OF TRADE.  THEREFORE AGREEMENTS OF A RESTRAINT OF TRADE ARE ILLEGAL"


"SHERMAN ACT 15, S2:


EVERY PERSON WHO SHOULD MONOPOLIZE... SHALL BE GUILTY OF A FELONY"


"THIS CANNOT BE OR CANNOT -- IS EVERY CONTRACT NOT A RESTRAINT OF TRADE  - THAT IS THE WHOLE IDEA"


"MONOPOLY IS 100 PERCENT OF THE MARKET, ALL THE KEYS WORDS ARE NOT DEFINED.  NEARLY NO FIRM GETS 100 PER CENT OF THE MARKET - SO THE SECTION APPLYS NO WHERE."



"THIS IS A COMMON SUBJECT BECAUSE ALL THE KEYS WORDS ARE  UNDEFINED BY CONGRESS AND DID NOT GO INTO ANY DETAILS IN THE STATUTES"


"WHEN CONGRESS WROTE THE SHERMAN ACT IT GAVE A BLANK CHEQUE - IT GAVE TO FEDERAL JUDGES FOR ENGINEERING OUR NATIONAL COMPETITION POLICY - NOW THAT'S A CRAZY WAY TO RUN A COUNTRY - WE WANT JUDGES WHO HAVE NO NECESSARY ECONOMIC TRAINING AT ALL TO BE THE AUTHORS OF OUR OLDEST INDUSTRIAL POLICY - WELL ITS WORKED OUT - JUDGES HAVE A GOOD REPUTATION OF BEING SMART, VERY DILIGENT, AND VERY PROPERLY MOTIVATED, YOU HAVE INTEGRITY, AND NOBODY DOUBTS YOU, AND OVER 100 YEARS OF COMMON LAW EXPERIENCE OUR JUDGES HAVE INDEED CREATED OUR NATIONALAL COMPETITION POLICY - ITS BEEN JUDICIAL AND NOT LEGISLATIVE IN POLICY"


"EXAMPLE - COMMODITY - EVERYBODY BUYS GASOLINE - EVERYBODY KEEPS AT LEAST CASUAL INTEREST IN WHAT THE GASOLINE MARKET IS LIKE"


"THE BEAUTY OF A COMPETITIVE MARKET IS IT DRIVES PRICE DOWN TO COST"


"A LARGE NUMBER OF OIL COMPANIES SELLING GAS IN A COMPETITIVE MARKET WILL DRIVE PRICE TO COST"


"IN A COMPETITVE MARKETPLACE CONSUMERS CAN WALK WHEN THEY SEE A DEAL THEY DO NOT LIKE"



"REGULAR, MIDGRADE AND PREMIUM PRICES"



"MONOPOLY PRICING -- IS HOW BAD DO YOU WANT IT - EACH COSUMER THINKS HOW IMPORTANT IT IS TO THEM"


"IF I DOUBLE THE PRICE OF GAS, MANY WILL DROP OUT OF THE RACE ... OR USAGE WOULD GO WAY DOWN... BUYING A CAR WITH BETTER MILEAGE"


"REAL DOMESTIC OIL PRICES FROM 1974 - 1984 ROSE FROM 10 to 50 DOLLARS A BARRELL AND BACK TO TEN" "OPEC CARTEL GOT SERIOUS ABOUT FLEXING ITS MUSCLE - PRICES SHOT UP"  "THAT IS THE EVIL, THE SHERMAN ACT ITS CENTRAL AIM IS PREVENTING."


"WE DO NOT WANT THEM TO RAISE PRICE JUST BECAUSE YOU HAVE THE POWER TO DO SO".


"YOU NEED TO HAVE A RATE OF RETURN TO ATTRACT CAPITAL INTO THE MARKET."


"PRODUCERS CAN HAVE MONOPOLY POWER WITH THEY COOPERATE OR JUST GET ALONG WITH EACH OTHER"   "SO MANY US COOPERATING TOGETHER CAN ACT AS A CARTEL... THAT PRODUCES THE SAME TYPE OF INJURY TO CONSUMERS SO THE PER SE RULE RESTRICTS PRICE FIXING"


"ALL AGREEMENTS, PRICE FIXING IS ILLEGAL -- THESE ACTS HAVE BEEN PROSECUTED IN BOTH CIVIL AND CRIMINAL COURTS."


"YOU AND YOUR CO- CONSPIRATORS DID ENTER INTO AND ENGAGE IN A CONSPIRACY TO SUPPRESS AND ELIMINATE COMPETITION IN THE CITRUS  ACID INDUSTRY"  "DEFENDANT.. WITH SEVERAL OF ITS EMPLOYEES, CONSPIRED WITH SEVERAL OTHER MAJOR CITRIC ACID PRODUCING FIRMS TO FIX THE PRICE OF CITRIC ACID, AND ALLOCATE AMONG MAJOR CITRIC ACID PRODUCING FIRMS THE VOLUMES OF SALES OF CITRIC ACID IN THE UNITED STATES AND ELSEWHERE."


"THE BROAD TERMS OF THIS CONSPIRACY WHERE AGREED TO BY A HIGH-LEVEL GROUP OF EXECUTIVES KNOWN AS MASTERS.  THE DETAILS WERE LEFT TO THE SHERPAS."


"A FELONY CHARGE - THESE DAYS WITH A WHOPPING CRIMINAL FINE WAS PLACED - HAS BECOME MORE AND MORE TYPICAL"


"ANTITRUST CASES HAVE BECOME A PROFIT CENTER FOR THE GOVERNMENT".


"THIS IS THE TYPE OF CASE THAT APPEARS IN YOUR COURT ROOM - IN THE FORM OF AN ARRANGED POLICE - ONCE A CORPORATION IS CAUGHT RED HANDED OTHER EXECUTIVES WILL CONCLUDE THE CASE - 100 MILLION DOLLARS SURE - WRITE THAT CHEQUE.



EXAMPLE - "EVEN THOUGH THERE IS A BENEFIT TO COOPERATE THEY CAN'T DO IT -- WHY BECAUSE THERE IS ALWAYS A PAY OFF FOR UNCOOPERATIVE BEHAVIOUR -- TO CHEAT  - SAME RESULT EVERYTIME YOU PLAY THIS GAME.


"THERE IS A PROBLEM WITH COOPERATION - THE CHEATING PRESPECTIVE IS AN OVERWHELMING PROBLEM"





( STAY TUNED FOR ANALYSIS BY HARJ GILL AS TO THE REAL TRUTH BEHIND THE ANTITRUST LAWS!!)































 

 
Make a Free Website with Yola.