Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Economics (4)
- Intellectual Property Law (3)
- Law and Society (3)
- Medicine and Health Sciences (3)
- Behavioral Economics (2)
-
- Bioethics and Medical Ethics (2)
- Economics (2)
- Health Law and Policy (2)
- Social and Behavioral Sciences (2)
- Antitrust and Trade Regulation (1)
- Behavior and Behavior Mechanisms (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Education Law (1)
- Family Law (1)
- International Law (1)
- Jurisdiction (1)
- Psychiatry and Psychology (1)
- Institution
Articles 1 - 11 of 11
Full-Text Articles in Law
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Faculty Scholarship
The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between …
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Faculty Scholarship
This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …
Markets, Morals, And Limits In The Exchange Of Human Eggs, Kimberly D. Krawiec
Markets, Morals, And Limits In The Exchange Of Human Eggs, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Selling State Borders, Joseph Blocher
Selling State Borders, Joseph Blocher
Faculty Scholarship
Sovereign territory was bought and sold throughout much of American history, and there are good reasons to think that an interstate market for borders could help solve many contemporary economic and political problems. But no such market currently exists. Why not? And could an interstate market for sovereign territory help simplify border disputes, resolve state budget crises, respond to exogenous shocks like river accretion, and improve democratic responsiveness? Focusing on the sale of borders among American states, this Article offers constitutional, political, and ethical answers to the first question, and a qualified yes to the second.
Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain
Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain
Faculty Scholarship
No abstract provided.
Testing As Commodification, Katharine B. Silbaugh
Testing As Commodification, Katharine B. Silbaugh
Faculty Scholarship
In this Essay, the author addresses criticism of the testing movement by education experts such as Jonathan Kozol. She explores the similarities in the discourses of philosophical discussions of commodification and behavioural economic discussions of intrinsic motivations. One conclusion that the author draws is that the comparison between the testing movement and commodification literature is not perfect, but they have both been counted, compared and measured, and flattened or thinned out of values.
The Dark Side Of Commodification Critiques: Politics And Elitism In Standardized Testing, Kimberly D. Krawiec
The Dark Side Of Commodification Critiques: Politics And Elitism In Standardized Testing, Kimberly D. Krawiec
Faculty Scholarship
In Testing as Commodification, Katharine Silbaugh argues that debates within the standardized testing literature represent a split similar to the one witnessed in traditional debates on the commodifying effects of market exchange: those who extol the virtues of a common metric by which to make comparisons and evaluations, on the one hand, versus those who argue that test scores have swallowed other notions of the public good in education, on the other. Though the analogy is imperfect, as Silbaugh acknowledges, I agree that the objections to markets and to standardized testing are sufficiently similar to render the comparison fruitful. …
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Faculty Scholarship
Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
Faculty Scholarship
Neuroeconomics — the study of brain activity in people engaged in tasks of reasoning and choice — looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This Article explains what is most exciting about the new field and lays out some specific research tasks for it.
Excuse And Justification In The Law Of Fair Use: Commodification And Market Perspectives, Wendy J. Gordon
Excuse And Justification In The Law Of Fair Use: Commodification And Market Perspectives, Wendy J. Gordon
Faculty Scholarship
Over twenty years ago, the Journal of the Copyright Society of the U.S.A. reprinted my article, "Fair Use as Market Failure" (82 Columbia Law Review 1600 (1982), available at: https://ssrn.com/abstract=3577724. That 1982 piece suggested that an underlying pattern governs the protean forms of "fair use", and I employed the notion of market failure to reveal and explain how the pattern functioned. Since then, some misunderstandings of my argument have arisen.
I am pleased to publish in this, the Fiftieth Anniversary issue of the Journal of the Copyright Society, a clarification – and partial amendment – of my position. As …
Unbending Gender: Why Work And Family Conflict And What To Do About It, Joan Williams, Jamie Boyle, Adrienne Davis, Martha Ertman, Nancy Polikoff, Katharine B. Silbaugh, Lucie White, Susan Carle, Leti Volpp
Unbending Gender: Why Work And Family Conflict And What To Do About It, Joan Williams, Jamie Boyle, Adrienne Davis, Martha Ertman, Nancy Polikoff, Katharine B. Silbaugh, Lucie White, Susan Carle, Leti Volpp
Faculty Scholarship
PROCEEDINGS PROFESSOR WILLIAMS: I am going to talk fast, and talk short as an introduction to this panel. First, just a very few words about the norm of parental care. The goal-my goal, anyway, in using the norm of parental care which, of course, started out really as the norm of mother care-is to try to use the momentum of domesticity to bend our current gender to use the norm of parental care as a way of democratizing access to domesticity, which has always been classbased.