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Articles 1 - 7 of 7
Full-Text Articles in Law
The Gatekeepers Of Crowdfunding, Andrew A. Schwartz
The Gatekeepers Of Crowdfunding, Andrew A. Schwartz
Publications
Securities crowdfunding is premised on two core policy goals: inclusivity and efficiency. First, crowdfunding is conceived as an inclusive system where all entrepreneurs are given a chance to pitch their idea to the "crowd." Second, crowdfunding is supposed to be an efficient way to channel funds from public investors to promising startup companies. There is a fundamental tension between these two policy goals, however. A totally inclusive system would ensure that platforms list any and every company that wants to participate. But platforms need to curate and select the companies they list in order to establish a reputation as a …
Penalty Default Licenses: A Case For Uncertainty, Kristelia A. García
Penalty Default Licenses: A Case For Uncertainty, Kristelia A. García
Publications
Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article suggests that uncertainty can actually be used to increase efficiency in the marketplace. In the music industry, the battle over terrestrial performance rights--that is, the right of a copyright holder to collect royalties for plays of a sound recording on terrestrial radio--has raged for decades. In June 2012, in a deal that circumvented the statutory license for sound recordings for the …
Private Copyright Reform, Kristelia A. García
Private Copyright Reform, Kristelia A. García
Publications
The government is not the only player in copyright reform, and perhaps not even the most important. Left to free market negotiation, risk averse licensors and licensees are contracting around the statutory license for certain types of copyright-protected content, and achieving greater efficiency via private ordering. This emerging phenomenon, herein termed "private copyright reform," presents both adverse selection and distributive justice concerns: first, circumvention of the statutory license goes against legislative intent by allowing for the reduction, and even elimination, of statutorily mandated royalties owed to non-parties. In addition, when presented without full term disclosure, privately determined royalty rates can …
A Distributive Theory Of Criminal Law, Aya Gruber
A Distributive Theory Of Criminal Law, Aya Gruber
Publications
In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment-retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Publications
No abstract provided.
A New Direction For State Corporate Codes, Mark J. Loewenstein
A New Direction For State Corporate Codes, Mark J. Loewenstein
Publications
No abstract provided.
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Publications
No abstract provided.