Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Rights Of Statistical People, Lisa Heinzerling
The Rights Of Statistical People, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In this Comment, I argue that the use of cost-benefit analysis to evaluate life-saving regulatory programs has, in a society that eschews reliance on cost-benefit analysis in other life-saving situations, been justified by the creation of a new kind of entity-the statistical person. A primary feature of the statistical person, as I will explain, is that she is unidentified; she is no one's sister, or daughter, or mother. Indeed, in one conception, the statistical person is not a person at all, but rather only a collection of risks. By distinguishing statistical lives from the lives of those we know, economic …
Copyright And The Perfect Curve, Julie E. Cohen
Copyright And The Perfect Curve, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
This essay argues that the assumption that “progress” is qualitatively independent of the underlying entitlement structure is wrong. In particular, I shall argue that a shift to a copyright rule structure based on highly granular, contractually enforced “price discrimination” would work a fundamental shift, as well, in the nature of the progress produced. The critique of the contractual price discrimination model, moreover, exposes deep defects in the use of neoclassical “law and economics” methodology to solve problems relating to the incentive structure of copyright law. What is needed, instead, is an economic model of copyright that acknowledges the central role …