Friday, March 5, 2010

What Does a Quote by a Judge Mean for a Legal Academic?

In a recent and politically relevant case in Argentina, the Court of Appeals in Economic Criminal Issues - "Cámara en lo Penal Económico" - quoted a paper I wrote with a collegue, A. Waisman - LLM, Toronto. The case involved the legality of a resolution by the Secretary of Commerce that mandated Telefónica Italia not to invest in Telefónica Argentina because that would lead to a monopoly. The Court held that the resolution was invalid in that the parties involved were not allowed to reasonably express their views on the resolution.
The dissenting judge, Dr. Bonzón, quoted my "Límites a los Condicionamientos a las Operaciones de Concentración en la Ley de Defensa de la Competencia" - Revista La Ley, 2008 -. The quote was used to find support for the Judge´s opinion on the issue. This raises interesting questions about our work as academics: do we want to be influential in the judiciary? If so, why, how?

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