Technology and Innovation Commons^™

Payments As A Tool For Policy, Aaron Klein

Brookings Scholar Lecture Series

What are the implications of using payment systems to enforce foreign policy (against Russia, Iran, Cuba, etc...) and domestic policy (on-line poker, cannabis, etc..)? What are the long-term ramifications for the United States, with its dominant status as a global financial system and home to the world reserve currency, using payment systems to achieve its political objectives? In this lecture, Brookings Institution scholar and former deputy assistant secretary for economic policy at the Department of Treasury, Aaron Klein discusses the pros, cons, and intended and unintended consequences of our current system. He proposes a path forward to maximize economic growth …

U.S. Energy Information Administration Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Provides information about the resources produced by U.S. Department of Energy's Energy Information Administration. These resources cover energy statistics for U.S., states, the United States, and foreign countries. They also cover energy products as varied as coal, natural gas, nuclear energy, petroleum, and renewable energy.

Renewable Energy Legislation In Nevada: 2017 - 2021, Peter Grema, Zachary Walusek, Caitlin J. Saladino, William E. Brown Jr.

Environment

The purpose of this fact sheet is to summarize legislative actions from the biennial 79th, 80th, and 81st Nevada Legislative Sessions (2017, 2019, and 2021) regarding solar energy production and state efforts to reach 50 percent energy production from renewable sources by 2030. By 2050, Nevada has a statutorily mandated obligation to be a net-zero carbon producer in fulfilling energy production needs from large scale utility services.

Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg

Articles

The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …

Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss

Articles

Studies of blockchain governance can be divided into analyses of the governance of blockchains (such as rules and power dynamics within a given network) and governance by blockchains (such as how blockchains can be implemented to improve self-governance of community-based peer production networks). Less emphasis has been placed on applications of distributed ledgers to public sector governance. Our review clarifies that the decentralization and distributive features that enable blockchains to link up loosely connected private organizations and public agencies to improve efficiency and transparency of government transactions. However, most blockchain applications lack clear advantages over the conventional digital recording of …

Strengthening The Southern Nevada Workforce Pipeline, Katie M. Gilbertson

Student Research

Workforce development has been a keystone in the discussion of economic diversification of Las Vegas for decades. The leisure and hospitality industry is the lifeline for the Southern Nevada economy due to the reliance on tourism as the city’s main economic driver. The leisure and hospitality industry requires physical labor and more face-to-face customer interaction than other employment sectors. Thus, these jobs often do not require high educational attainment, but rather sharp soft skills like effective listening, nonverbal communication, and negotiation strategies. While these are valuable traits, the lack of educational attainment within the leisure and hospitality workforce suppresses employees’ …

Blockchain Networks As Knowledge Commons, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Martin B. H. Weiss, Michael J. Madison

Articles

Researchers interested in blockchains are increasingly attuned to questions of governance, including how blockchains relate to government, the ways blockchains are governed, and ways blockchains can improve prospects for successful self-governance. Our paper joins this research by exploring the implications of the Governing Knowledge Commons (GKC) framework to analyze governance of blockchains. Our novel contributions are making the case that blockchain networks represent knowledge commons governance, in the sense that they rely on collectively-managed technologies to pool and manage distributed information, illustrating the usefulness and novelty of the GCK methodology with an empirical case study of the evolution of Bitcoin, …

Tech Innovation Capacity In Mountain West Metros, Ally M. Beckwith, William E. Brown Jr.

Economic Development & Workforce

This fact sheet highlights data on the tech innovation capacity in Mountain West metropolitan areas, as originally reported in 2019 by Robert D. Atkinson, Mark Muro, and Jacob Whiton from the Brookings Institution’s Metropolitan Policy Program. Tech innovation is defined as advanced industries that are America’s 50 high-R&D, high-STEM manufacturing, energy, and services industries ranging from aerospace and automobile manufacturing to solar electricity generation to internet publishing to bio-tech. Tech innovation is essential to the future of America’s economy. However, “superstar” metropolitan areas creating a regional imbalance within the innovation sector. The Brookings report examines metropolitan areas that are potential …

Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp

All Faculty Scholarship

This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.

Appreciating The Overlooked Contributions Of The New Harvard School, Christopher S. Yoo

All Faculty Scholarship

My colleague, Herbert Hovenkamp, is almost universally recognized as the most cited and the most authoritative US antitrust scholar. Among his many honors, his status as the senior author of the authoritative Areeda and Hovenkamp treatise makes him the unquestioned leader of the New Harvard School, which has long served as the bellwether for how courts are likely to resolve emerging issues in modern antitrust doctrine. Unfortunately, its defining tenets and its positions on emerging issues remain surprisingly obscure. My contribution to this festschrift explores the core commitments that distinguish the New Harvard School from other approaches to antitrust. It …

Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

In its current form, fair use doctrine provides a personal defense that applies narrowly to the specific use by the specific user. The landmark case of Google v. Oracle, currently pending before the Supreme Court, illustrates why this is problematic. Even if the Court were to rule that Google’s use of Oracle’s Java API’s was fair, the ruling would not protect the numerous parties that developed Java applications for the Android operating system; it would only shelter Google and Google’s particular use. This is not an isolated problem; the per use/per user rule cuts across fair uses of copyrighted …

Is The Digital Economy Too Concentrated?, Jonathan Klick

All Faculty Scholarship

Concentration in the digital economy in the United States has sparked loud criticism and spurred calls for wide-ranging reforms. These reforms include everything from increased enforcement of existing antitrust laws, such as challenging more mergers and breaking up firms, to an abandonment of the consumer welfare standard. Critics cite corruption and more systemic public choice problems, while others invoke the populist origins of antitrust to slay the digital Goliaths. On the other side, there is skepticism regarding these arguments. This chapter continues much of that skepticism.

New Kid On The Blockchain: The Rise Of Cryptocurrency In The Global Arena: Humanitarian Usage With Blockchain, Rhonda S. Binda

Open Educational Resources

In 2018, the world was shaken by the fast rise of Bitcoin and other cryptocurrencies that use a decentralized, blockchain technology for payment transfers outside of the traditional banking system. The potential impact this alternative form of banking could have in the medium and long term on the over 2 billion people globally unbanked is tremendous. Additionally, blockchain itself is being used for value transfer combined with bio and genetic tagging technologies in refugee camps for example, bringing to rise a new era where technology for development is disrupting education, healthcare and security programs globally.

Brave New World - The Rise Of Cities Globally: Urbanizationmeets Technological Innovation And Digitization, Rhonda S. Binda

Open Educational Resources

The trifecta of globalization, urbanization and digitization have created new opportunities and challenges across our nation, cities, boroughs and urban centers. Cities are in a unique position at the center of commerce and technology becoming hubs for innovation and practical application of emerging technology. In this rapidly changing 24/7 digitized world, city governments worldwide are leveraging innovation and technology to become more effective, efficient, transparent and to be able to better plan for and anticipate the needs of its citizens, businesses and community organizations. This class will provide the framework for how cities and communities can become smarter and more …

How Technology-Based Start-Ups Support U.S. Economic Growth, Mary Blankenship, Caitlin Saladino, William E. Brown

Economic Development & Workforce

This Fact Sheet examines the trends of technology-based start-ups within the United States and specific states in the Mountain West (Arizona, Colorado, Nevada, Utah, and New Mexico) across the top 10 technology industries in 2016, using data provided by a report from the Information Technology and Innovation Foundation.

Justice Department's New Position On Patents, Standard Setting, And Injunctions, Herbert J. Hovenkamp

All Faculty Scholarship

A deep split in American innovation policy has arisen between new economy and old economy innovation. In a recent policy statement, the Antitrust Division of the Justice Department takes a position that tilts more toward the old economy. Its December, 2019, policy statement on remedies for Standard Essential Patents issued jointly with the U.S. Patent and Trademark Office and the National Institute of Standards and Technology reflects this movement.

The policy statement as a whole contains two noteworthy problems: one is a glaring omission, and the other is a mischaracterization of the scope of antitrust liability. Both positions are strongly …

Digitalization And The American Workforce, Mary Blankenship, Caitlin Saladino, William E. Brown

Economic Development & Workforce

This Fact Sheet examines the rate of digitalization within the Metropolitan Statistical Areas (MSAs) of the Mountain West division using the findings and data from Digitalization and the American Workforce, a report from the Brookings Institution.

Behavioral Finance, Decumulation, And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert

All Faculty Scholarship

This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions. …

Intellectual Property And Competition, Herbert J. Hovenkamp

All Faculty Scholarship

A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.

IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to …

Optimizing Regulation For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much economic activity in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms, and precision medicine are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …

Antitrust And The Design Of Production, Herbert J. Hovenkamp

All Faculty Scholarship

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it that way, even per se unlawful naked price fixing among rivals is a restraint on distribution rather than production. Naked price fixing assumes a product that has already been designed and built, and the important cartel decision is what should be each firm’s output, or …

Perspectivas Locales Sobre El Litio En El Salar De Uyuni: Niveles De Conocimiento Y Opiniones Regionales Sobre El Proyecto Que Puede Determinar El Futuro Del Litio En El Mundo, Gillian Greenberg

Independent Study Project (ISP) Collection

La combinación del aumento en la urgencia por hacer algo sobre el cambio climático y la popularidad creciente de los vehículos eléctricos sitúan al litio como un material clave en la transición de hidrocarburos en los próximos años. A causa de que la reserva más grande del litio en el mundo está ubicada en el Salar de Uyuni, Bolivia tiene la oportunidad de influir en esta evolución. El proyecto estatal para industrializar el litio en el Salar de Uyuni comenzó en 2008 y continúa trabajando hacia el objetivo de la producción de baterías de litio. Para las comunidades alrededor del …

Optimizing Government For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …

Innovation And Institutional Quality On Economic Growth In Asia, Nguyen Tran-Nguyen

Honors Projects in Economics

When looking at the different effects of institutional quality on economic development, namely control of corruption, there are two different hypotheses that explain such effects. One is the “grease the wheel” hypothesis, which predicts that corruption is beneficial for growth, and the other one is the “sand the wheel” hypothesis, which says the opposite. Corruption is normally blamed for the slow economic growths in some countries, but some Asian countries’ exponential growths have proven the “grease the wheel” hypothesis otherwise. The “Asian experience”1 phenomenon occurs when corruption does not seem to hamper business activities in some Asian countries. This research …

Public Good Economics And Standard Essential Patents, Christopher S. Yoo

All Faculty Scholarship

Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).

To date …

U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo

All Faculty Scholarship

As the Internet becomes more important to the everyday lives of people around the world, commentators have tried to identify the best policies increasing the deployment and adoption of high-speed broadband technologies. Some claim that the European model of service-based competition, induced by telephone-style regulation, has outperformed the facilities-based competition underlying the US approach to promoting broadband deployment. The mapping studies conducted by the US and the EU for 2011 and 2012 reveal that the US led the EU in many broadband metrics.

• High-Speed Access: A far greater percentage of US households had access to Next Generation Access (NGA) …

Harm To Competition Under The 2010 Horizontal Merger Guidelines, Herbert J. Hovenkamp

All Faculty Scholarship

In August, 2010, the Antitrust Division and the Federal Trade Commission issued new Guidelines for assessing the competitive effects of horizontal mergers under the antitrust laws. These Guidelines were long awaited not merely because of the lengthy interval between them and previous Guidelines but also because enforcement policy had drifted far from the standards articulated in the previous Guidelines. The 2010 Guidelines are distinctive mainly for two things. One is briefer and less detailed treatment of market delineation. The other is an expanded set of theories of harm that justify preventing mergers or reversing mergers that have already occurred.

The …

Competition For Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The problems include high information costs and lack of sufficient knowledge, special interest capture, and the jury trial system, to name a few. More fundamentally, antitrust law and intellectual property law have looked at markets in very different ways. Further, over the last three decades antitrust law has undergone a reformation process that has made it extremely self conscious about its goals. While the need for such reform is at least as apparent in patent and copyright law, very little true reform has actually occurred.

Antitrust has …

The Innovation Commons, Herbert J. Hovenkamp

All Faculty Scholarship

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …

Defense, U.S. Department Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of U.S. Department of Defense activities in the western U.S. including the military's increasing emphasis on Asia-Pacific strategic trends and developments.