Open Access. Powered by Scholars. Published by Universities.®
Business Law, Public Responsibility, and Ethics Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Antitrust (1)
- Balancing (1)
- Common law (1)
- Copyright (1)
-
- Efficiencies (1)
- First sale (1)
- Good faith purchasers for value (1)
- Governmental improvement (1)
- Human capital (1)
- Less restrictive alternatives (1)
- Mergers (1)
- Problem-solving (1)
- Property (1)
- Public policy and administration (1)
- Public value (1)
- Quality management (1)
- Regulation (1)
- Regulatory excellence (1)
- Regulatory performance (1)
- Rule of reason (1)
- Sherman act (1)
Articles 1 - 3 of 3
Full-Text Articles in Business Law, Public Responsibility, and Ethics
The Challenge Of Regulatory Excellence, Cary Coglianese
The Challenge Of Regulatory Excellence, Cary Coglianese
All Faculty Scholarship
Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …
Antitrust Balancing, Herbert J. Hovenkamp
Antitrust Balancing, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust litigation often confronts situations where effects point in both directions. Judges sometimes describe the process of evaluating these factors as “balancing.” In its e-Books decision the Second Circuit believed that the need to balance is what justifies application of the rule of reason. In Microsoft the D.C. Circuit stated that “courts routinely apply a…balancing approach” under which “the plaintiff must demonstrate that the anticompetitive harm…outweighs the procompetitive benefit.” But then it decided the case without balancing anything.
The term “balancing” is a very poor label for what courts actually do in these cases. Balancing requires that two offsetting effects …
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
All Faculty Scholarship
Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are allowed to freely alienate the property without any restriction. Modern copyright law, however, does just the opposite. Individuals who unknowingly and in good faith purchase property embodying an unauthorized copy of a protected work are altogether precluded from subsequently alienating such property, or risk running afoul …