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Articles 91 - 107 of 107
Full-Text Articles in Business
The Effects Of Tort Reform On Medical Malpractice Insurers’ Ultimate Losses, Patricia Born, W. Kip Viscusi, Tom Baker
The Effects Of Tort Reform On Medical Malpractice Insurers’ Ultimate Losses, Patricia Born, W. Kip Viscusi, Tom Baker
All Faculty Scholarship
Whereas the literature evaluating the effect of tort reforms has focused on reported incurred losses, this paper examines the long run effects using a comprehensive sample by state of individual firms writing medical malpractice insurance from 1984-2003. The long run effects of reforms are greater than insurers' expected effects, as five year developed losses and ten year developed losses are below the initially reported incurred losses for those years following reform measures. The quantile regressions show the greatest effects of joint and several liability limits, noneconomic damages caps, and punitive damages reforms for the firms that are at the high …
Understanding Patent-Quality Mechanisms, R. Polk Wagner
Understanding Patent-Quality Mechanisms, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Restraints On Innovation, Herbert J. Hovenkamp
Restraints On Innovation, Herbert J. Hovenkamp
All Faculty Scholarship
Beginning with the work of Joseph Schumpeter in the 1940s and later elaborated by Robert W. Solow's work on the neoclassical growth model, economics has produced a strong consensus that the economic gains from innovation dwarf those to be had from capital accumulation and increased price competition. An important but sometimes overlooked corollary is that restraints on innovation can do far more harm to the economy than restraints on traditional output or pricing. Many practices that violate the antitrust laws are best understood as restraints on innovation rather than restraints on pricing.
While antitrust models for assessing losses that result …
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher S. Yoo
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher S. Yoo
All Faculty Scholarship
"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
All Faculty Scholarship
This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses-one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading-each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders' costs of searching and …
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Unilateral Refusals To License In The Us, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
Unilateral Refusals To License In The Us, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
All Faculty Scholarship
Most antitrust claims relating to intellectual property involve challenges to agreements, licensing practices or affirmative conduct involving the use or disposition of the intellectual property rights or the products they cover. But sometimes an antitrust claim centers on an intellectual property owner's refusal to use or license an intellectual property right, perhaps coupled with efforts to enforce the intellectual property right against infringers. The allegation may be that the intellectual property right is so essential to competition that it must be licensed across the board, or that a refusal to license it to one particular party was discriminatory, or that …
Beyond Network Neutrality, Christopher S. Yoo
Beyond Network Neutrality, Christopher S. Yoo
All Faculty Scholarship
In this Article, Professor Yoo takes issue with the emerging scholarly consensus in favor of ""network neutrality,"" which would prohibit network owners from employing proprietary protocols or entering into exclusivity agreements with content providers that would reduce the transparency of the Internet. Economic theory suggests that network neutrality advocates are focusing on the wrong policy problem. Rather than directing attention on the market for Internet content and applications, the segments of the industry that are the most competitive and the most likely to remain that way, communications policy would be better served if the focus were placed on the segment …
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter
Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman
Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman
All Faculty Scholarship
This Article addresses a curious gap in the theory of intellectual property. One of the central dogmas in both the legal and economic literatures is that patents, copyrights and trademarks constitute separate forms of protection, each serving different purposes and designed to operate independently of the others. By challenging this dogma, however, this Article shows that certain combinations of intellectual property protection give rise to important synergies. When a patentee can develop brand loyalty among its customers, the existence of trademark protection allows her to extend its protection even after her patent expires, and thereby earn higher profits than would …
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Publish Or Perish, Gideon Parchomovsky
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
All Faculty Scholarship
Internet technology offers the potential to reduce the search and information costs associated with capital formation. Commentators have suggested that the Web will enable small business to achieve better access to the capital markets. To facilitate this access, they have suggested regulatory reforms to make internet offerings cheaper and easier. At the same time, small business offerings have been identified as among the most risky, offering a caution to those who counsel regulatory reform. This article examines the existing regulatory climate. State and federal regulators have adopted a number of recent reforms to facilitate the use of the internet and …
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Corporate Law Through An Antitrust Lens, Edward B. Rock
Corporate Law Through An Antitrust Lens, Edward B. Rock
All Faculty Scholarship
No abstract provided.
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
All Faculty Scholarship
No abstract provided.