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Articles 1 - 11 of 11
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Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison
Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison
Michigan Law Review
Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these …
Regulating Black-Box Medicine, W. Nicholson Price Ii
Regulating Black-Box Medicine, W. Nicholson Price Ii
Michigan Law Review
Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they …
Innovative Copyright, Greg Lastowka
Innovative Copyright, Greg Lastowka
Michigan Law Review
For over a decade, Michael Carrier has been exploring the intersection of antitrust and intellectual property ("IP") law, contributing many articles that offer new solutions and approaches to the vexing problems confronting the law of innovation. Carrier's academic writing is situated in a voluminous scholarly discourse about the appropriate rules and goals of the laws of copyright, patent, and antitrust. While Carrier easily could have written an "insider" tome for specialists in this area, his new book, Innovation for the 21st Century, is targeted at a broader audience. Carrier's book is directed at legislators, jurists, and opinion makers-as well as …
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Michigan Law Review
This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Michigan Law Review
Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …
Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss
Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss
Michigan Law Review
The Patent Act was last revised in 1952. The hydrogen bomb was exploded that year, vividly demonstrating the power of the nucleus; in the ensuing postwar period, the Next Big Thing was clearly the molecule. Novel compounds were synthesized in the hopes of finding new medicines; solid-state devices exploited the special characteristics of germanium and other semiconductors; as investments in polymer chemistry soared, advice to the college graduate soon boiled down to "one word ... just one word[:] ... Plastics." Over the next half-century, things changed dramatically. "Better living through chemistry" has begun to sound dated (if not sinister). Genomics …
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Michigan Law Review
Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of these oft-criticized characteristics might induce a limited amount of infringement that enhances social welfare without reducing (or without substantially reducing) the profitability of the patentee. Patent infringement is generally viewed as socially inefficient because infringement reduces the patentee's ex ante incentive to innovate. Limited amounts of infringement combined with increased patent duration, however, can substantially reduce the distortionary ex post effects of supracompetitive pricing without reducing the patentee's ex ante incentives to innovate. Indeed, this Article derives a legal regime that preserves the incentive to innovate by …
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Michigan Law Review
A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price
Adventures In Finance, Deborah A. Demott
Adventures In Finance, Deborah A. Demott
Michigan Law Review
A Review of Finance and Industrial Performance in a Dynamic Economy: Theory, Practice, and Policy by Merritt B. Fox
Recent Developments In Patent Law, Arthur M. Smith
Recent Developments In Patent Law, Arthur M. Smith
Michigan Law Review
The framers of the Federal Constitution shared with Thomas Jefferson his "wish to see new inventions encouraged, and old ones brought again info useful notice." Their concern for the public welfare caused many, including Jefferson, to question the wisdom of using a limited monopoly to encourage such inventions.