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Full-Text Articles in Law
Holding Up And Holding Out, Colleen V. Chien
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Michigan Telecommunications & Technology Law Review
Applying a game-theoretic approach based on the classic prisoners' dilemma provides valuable insights into corporate managers' decision-making incentives under existing discovery rules. It demonstrates that the fee structure imposed by current discovery rules leads to inefficiency and motivates corporate litigants on either side of a controversy to employ abusive discovery practices, although each party would benefit from cooperation. Using this framework, this Article shows how a cost-sharing regime can motivate litigants to engage in cooperative discovery and, as a consequence, facilitate more efficient and less abusive discovery practices. To date, scholars, who have posited that cooperative behavior in the discovery …
Reflections On Air Capture: The Political Economy Of Active Intervention In The Global Environment; An Editorial Comment, Edward A. Parson
Reflections On Air Capture: The Political Economy Of Active Intervention In The Global Environment; An Editorial Comment, Edward A. Parson
Articles
When global climate change came onto domestic and international policy agendas in the late 1980s, only two types of response were initially considered: reducing emissions by improving efficiencies or switching to lower or non-carbon energy sources; and adapting to the anticipated changes. Since that time the agenda of potential responses has been progressively expanded, principally by adding various ways to intervene in the global carbon cycle or the climate to break the connection between emissions of greenhouse gases and the resultant climate changes. Three types of these “intervening” responses are now, to varying degrees, present in policy debate: biological sequestration …