Digital Commons Network^™

Antitrust And Regulating Big Data, D. Daniel Sokol, Roisin E. Comerford

D. Daniel Sokol

The collection of user data online has seen enormous growth in recent years. Consumers have benefited from this growth through an increase in free or heavily subsidized services, better quality offerings, and rapid innovation. At the same time, the debate about Big Data, and what it really means for consumers and competition, has grown louder. Many have focused on whether Big Data even presents an antitrust issue, and whether and how harms resulting from Big Data should be analyzed and remedied under the antitrust laws. The academic literature, however, has somewhat lagged behind the policy debate, and a closer inspection …

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

D. Daniel Sokol

Antitrust is an important area of law and policy for most companies in the world. Having divergent rules across antitrust systems means that the same economic behavior may be treated differently depending on the jurisdiction, leading to disparate outcomes in which one jurisdiction finds illegal behavior (but the other does not) when the underlying behavior may be pro-competitive. This disparate set of outcomes creates a world in which the most stringent antitrust system may produce the global standard. As a result, if the antitrust rules applied are too rigid, they threaten to hurt consumers not merely in the jurisdiction where …

Top Management Team Diversity, Equality, And Innovation: A Multilevel Investigation Of The Health Care Industry, A. Erin Bass

A. Erin Bass

The role of women on top management teams (TMTs) is an increasingly important topic for both academics and practitioners. Despite increased attention to gender diversity on TMTs, there remains limited understanding of how gender diversity influences important outcomes of the firm, such as innovation. To this end, I investigate the relationships between two dimensions of TMT diversity—TMT gender diversity and TMT compensation equality—and firm innovation, and consider how TMT size influences these relationships. Using a unique, multilevel, longitudinal sample of publicly traded firms in the U.S. health care industry, I find TMT size to be a key driver in the …

Logistics Salience Impact On Logistics Capabilities And Performance, Peter M. Ralston, Scott J. Grawe, Patricia J. Daugherty

Peter Ralston

Purpose – The purpose of this manuscript is to assess the impact of logistics salience on logistics capabilities and performance. Specifically, the impact of logistics salience on logistics innovativeness and logistics service differentiation is measured along with logistics innovativeness and logistics service differentiation effect on logistics performance. Design/methodology/approach – Conclusions were drawn from survey data gathered from logistics and supply chain managers at US firms. Structural equation modelling was utilized to measure the statistical significance of the hypothesized model paths with all findings meeting the basic requirements of interpretation. Findings – The results suggest that logistics salience positively impacts both …

Bound Thesis.Pdf, Michael Nixon

Michael Nixon

Revisiting The Public Utility, Jim Rossi, Morgan Ricks

Morgan Ricks

This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on Regulation. We cluster the contributions to this issue around public utility regulation’s core rationales and its scope, its implications for innovation and industry stability, and its evolving approach to price regulation. The scholarship represented in this issue challenges the notion that public utility ideas are obsolete or irrelevant to modern issues in economic regulation. It questions whether public utility regulation has fallen short of its goals, and shows that there are some good reasons to question many embedded regulatory practices. …

Departing From Tradition: Innovation And Accountability In Two Primary Schools In Denmark And The Usa, Pamela Evanshen, Charlotte Ringsmose

Pamela A. Evanshen

No abstract provided.

Assimilation Of Big Data Innovation: Investigating The Roles Of It, Social Media, And Relational Capital, Pratyush Bharati, Abhijit Chaudhury

Pratyush Bharati

Requirements For A Renewables Revolution, Felix Mormann

Felix Mormann

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

Mobilizing Public Markets To Finance Renewable Energy Projects: Insights From Expert Stakeholders, Paul Schwabe, Michael Mendelsohn, Felix Mormann, Douglas J. Arent

Felix Mormann

Financing renewable energy projects in the United States can be a complex, time consuming, and expensive process. Currently, most equity investment in new renewable power production facilities is supported by tax credits and accelerated depreciation benefits, and is constrained by the pool of potential investors that can fully use these tax benefits and are willing to engage in complex financial structures. For debt financing, non-government lending to renewables has largely been provided by foreign banks that may be under future lending constraints due to economic and regulatory conditions.

To discuss these and other renewable energy financing challenges and to identify …

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Felix Mormann

This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

Two Pioneers In Advertising Photography: Oliviero Toscani And David La Chapelle, Antonio Scontrino

Antonio Scontrino

Lesley University Library Newsletter, Vol. 2(2), Hedi Benaicha, Jonah Lee Santiago, Micki Harrington, Zack Wray, Rachel Fernandez, Philip M. Siblo-Landsman, Abby Mancini, Marie Wasnock, Samantha Quiñon Snair, Jamie Glass, Alexis Dhembe, Robyn Ferrero, Tyahra Angus

Philip M. Siblo-Landsman

The Spring 2018 Lesley University Library Newsletter is an overview of developments that have taken place in the library since the Fall 2017 semester. It reports on success stories, gives insight into personal accounts of library resources, and new developments to enhance the quality of services.

The newsletter begins with an overview by Dean Hedi BenAicha and is followed with contributions from many of the staff members of the library. This includes Sam Quiñon's article, "Attention Faculty: what Lesley Librarians Actually Do," which indicates how the library field has changed and how important it is for librarians to engage in …

Lesley University Library Newsletter, Vol. 2(1), Hedi Benaicha, Rachel Fernandez, Micki Harrington, Philip M. Siblo-Landsman, Abby Mancini, Mikayla Collins, Sam Quiñon

Philip M. Siblo-Landsman

The second volume of the Lesley University Library Newsletter debuts a new layout. Topics covered include an overview of the 2016-2017 academic year, new library resources, an article on the librarian as a generalist, new faculty workshops, the development of information literacy tools for online learning, and an overview of scholarly publishing tools.

Regulating In Uncertainty: Animating The Public Health Product Safety Net To Capture Consumer Products Regulated By The Fda That Use Innovative Technologies, Including Nanotechnologies, Genetic Modification, Cloning, And Lab Grown Meat, Katharine A. Van Tassel

Katharine Van Tassel

This Article will use nanotechnology as an example that highlights how regulation based on novelty rather than hazard achieves the proper balance between protecting public health while encouraging innovation through the animation of the public health product safety net. In Part II, this Article starts by explaining what nanotechnology is and the remarkable growth of its use in everyday consumer products. It then summarizes the steadily increasing number of studies that suggest that there are likely to be serious health risks associated with the use of nanotech consumer products. Next, it explains how the FDA [Food and Drug Administration] is …

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Katharine Van Tassel

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

The Guided Innovation Model: Messy Human Innovation, Darin Freeburg

Darin Freeburg

Leadership And Innovation Within A Complex Adaptive System: Public Libraries, Darin Freeburg

Darin Freeburg

In Action: Snapshot Of Engagement Activity, Southern Cross University’S Live Ideas: In Re-Imagining The Engaged University., Kristin A. Den Exter

Dr Kristin den Exter

The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

In FTC v. Actavis, Inc., the Supreme Court considered "reverse payment" settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition.This paper is an effort to assist courts and …

Activating Actavis, Aaron Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

In Federal Trade Commission v. Actavis, Inc., the Supreme Court provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. The Court came down strongly in favor of an antitrust solution to the problem, concluding that “an antitrust action is likely to prove more feasible administratively than the Eleventh Circuit believed.” At the same time, Justice Breyer’s majority opinion acknowledged that the Court did not answer every relevant question. The opinion closed by “leav[ing] to the lower courts the structuring of the present rule-of-reason antitrust litigation.”This article is an effort to help courts and counsel …

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …

A Strategic Funding Process: Emphasizing Shared Governance And Transparency, Lynn D. Akey

Lynn D. Akey, Ph.D.

The Purpose

Provide an opportunity and seed funding for innovative ideas to emerge from the campus community in support of the Institution’s strategic priorities.

The Process

The Strategic Priority Funding process that exists at Minnesota State University, Mankato today has roots extending back to pre-2004 as an innovation fund.

• Pre 2004 – An Innovation Fund
• 2004 – Strategic Priority Funding – Administrative
• 2006 – Strategic Priority Funding – Administrative/Planning Sub-Meet
• 2011 – Strategic Priority Funding – Joint Open Process

The process has primarily changed in ways that reflect greater shared governance, transparency, and assessment of results.

The Results

During the …

Lighting The Flame Of Entrepreneurship Among Agribusiness Students, Christiane Schroeter, Lindsey Higgins, Carlyn Wright

Christiane Schroeter

University For Business And Technology University Libraries And Knowledge Center: A Concept Paper, Edmond Hajrizi, Anita Mirijamdotter, Sadef Salavati, Mary M. Somerville

Mary M. Somerville

The most significant innovation enables the realization of far greater human potential. The catalyst of such creativity in higher education is the acquisition of new knowledge and the living of new experiences. Then, within innovation and incubation environments, new thinking enriches knowledge handed down from previous generations, enlivens contemporary lives and informs future growth. Emergent knowledge encourages recognition of the limitations of traditional academic disciplines, exploration of new interdisciplinary frontiers, and, from this, novel transdisciplinary insights that unlock human potential and improve human conditions. In response, the University for Business and Technology intends to build collaboration environments to enable discovery …

Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte

Christopher B. Seaman

More than ten years after the United States Supreme Court’s landmark decision in eBay v. MercExchange, the availability of injunctive relief in patent cases remains hotly contested. For example, in a recent decision in the long-running litigation between Apple and Samsung, members of the United States Court of Appeals for the Federal Circuit divided sharply on whether an injunction was warranted to prevent Samsung from continuing to infringe several smartphone features patented by Apple. To date, however, nearly all empirical scholarship regarding eBay has focused on trial court decisions, rather than the Federal Circuit. This Article represents the first comprehensive …

Open Source Database And Website To Provide Free And Open Access To Inactive U.S. Patents In The Public Domain, Yuenyong Nilsiam, Joshua M. Pearce

Joshua M. Pearce

Although theoretically the patent system is meant to bolster innovation, the current United States Patent and Trademark Office (USPTO) is cumbersome and involves a significant time investment to locate inactive patents less than 20 years old. This article reports on the development of an open source database to find these public domain ideas. First, a search strategy is explained. Then the operation and use of free and open source software are detailed to meet the needs of open hardware innovators. Finally, a case study is presented to demonstrate the utility of the approach with 3-D printing. The results showed how …

A Case For Weakening Patent Rights

Joshua M. Pearce

No abstract provided.

Emerging Business Models For Open Source Hardware, Joshua M. Pearce

Joshua M. Pearce

The rise of Free and Open Source models for software development has catalyzed the growth of Free and Open Source hardware (also known as “Libre Hardware”). Libre Hardware is gaining significant traction in the scientific hardware community, where there is evidence that open development creates both technically superior and far less expensive scientific equipment than proprietary models. In this article, the evidence is reviewed and a collection of examples of business models is developed to service scientists who have the option to manufacture their own equipment using Open Source designs. Profitable Libre Hardware business models are reviewed, which includes kit, …

Small Serial Innovators: The Small Firm Contribution To Technical Change, Diana Hicks, Anthony Breitzman

Anthony Breitzman

No abstract provided.