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Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll 2016 University of Georgia School of Law

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro 2016 University of Georgia School of Law

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Journal of Intellectual Property Law

No abstract provided.


The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch 2016 Selected Works

The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch

Jill Fisch

The Securities and Exchange Commission (SEC or Commission) has faced a number of challenges in the last few years. Judge Rakoff’s decision in Citigroup, the Madoff scandal, and the Business Roundtable decision are just a few of the developments that have dealt lasting damage to the SEC’s reputation. Critics have scrutinized the agency’s decisionmaking on multiple fronts—from its enforcement policy to the quality of its rulemaking—and the SEC has largely come up short in the analysis. The once-revered top cop of the securities markets has taken a hit, and it is unclear whether it can ...


The New Federal Regulation Of Corporate Governance, Jill E. Fisch 2016 University of Pennsylvania Law School

The New Federal Regulation Of Corporate Governance, Jill E. Fisch

Jill Fisch

No abstract provided.


The Securities Analyst As Agent: Rethinking The Regulation Of Analysts, Jill E. Fisch, Hillary A. Sale 2016 University of Pennsylvania Law School

The Securities Analyst As Agent: Rethinking The Regulation Of Analysts, Jill E. Fisch, Hillary A. Sale

Jill Fisch

No abstract provided.


Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch 2016 University of Pennsylvania Law School

Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch

Jill Fisch

No abstract provided.


Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch 2016 University of Pennsylvania Law School

Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch

Jill Fisch

An extensive body of behavioral economics literature suggests that investors do not behave with perfect rationality. Instead, investors are subject to a variety of biases that may cause them to react inappropriately to information. The policy challenge posed by this observation is to identify the appropriate response to investor irrationality. In particular, should regulators attempt to protect investors from bad investment decisions that may be the result of irrational behavior?

This Article considers the appropriate regulatory response to investor irrationality within the concrete context of the research analyst. Many commentators have argued that analyst conflicts of interest led to biased ...


Fidicuiary Duties And The Analyst Scandals, Jill E. Fisch 2016 University of Pennsylvania Law School

Fidicuiary Duties And The Analyst Scandals, Jill E. Fisch

Jill Fisch

No abstract provided.


From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch 2016 University of Pennsylvania Law School

From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch

Jill Fisch

No abstract provided.


Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch 2016 University of Pennsylvania Law School

Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch

Jill Fisch

No abstract provided.


Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch 2016 University of Pennsylvania Law School

Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch

Jill Fisch

No abstract provided.


Does Analyst Independence Sell Investors Short?, Jill E. Fisch 2016 University of Pennsylvania Law School

Does Analyst Independence Sell Investors Short?, Jill E. Fisch

Jill Fisch

Regulators responded to the analyst scandals of the late 1990s by imposing extensive new rules on the research industry. These rules include a requirement forcing financial firms to separate investment banking operations from research. Regulators argued, with questionable empirical support, that the reforms were necessary to eliminate analyst conflicts of interest and ensure the integrity of sell-side research.

By eliminating investment banking revenues as a source for funding research, the reforms have had substantial effects. Research coverage of small issuers has been dramatically reduced—the vast majority of small capitalization firms now have no coverage at all. The market for ...


Post-Kirtsaeng, 'Material Differences' Between Copyright And Trademark Law's Treatment Of Gray Goods Persist, Charles E. Colman 2016 NYU School of Law

Post-Kirtsaeng, 'Material Differences' Between Copyright And Trademark Law's Treatment Of Gray Goods Persist, Charles E. Colman

Charles Colman

The U.S. Supreme Court’s recent ruling in Kirtsaeng v. John Wiley & Sons would seem no trivial event for stakeholders in content-reliant industries. The upshot of the Court’s decision — that the Copyright Act cannot be used to prevent the unauthorized importation of copies of works, even if manufactured abroad, whose “first sale” has already occurred — will, at least initially, throw a wrench into many companies’ existing business models.

As one would expect, commentary on the decision has been extensive. With few exceptions, however, commentators attempting to predict the impact of Kirtsaeng have not looked beyond copyright law to ...


The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal S. Gal, Daniel L. Rubinfeld 2016 University of Haifa

The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal S. Gal, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Today a growing number of goods and services are provided in the marketplace free of charge; indeed, free or the appearance of free, have become part of our ecosystem. More often than not, free goods and services provide real benefits to consumers and are clearly pro-competitive. Yet free goods may also create significant costs. We show that despite the fact that the consumer does not pay a direct price, there are indirect prices that reflect the opportunity cost associated with the consumption of free goods. These indirect costs can be overt or covert, in the same market in which the ...


Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo 2016 Selected Works

Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo

José Gabilondo

During the last financial crisis, what should the Federal Reserve (the Fed) have done when lenders stopped making loans, even to borrowers with sterling credit and strong collateral? Because the central bank is the last resort for funding, the conventional answer had been to lend freely at a penalty rate against good collateral, as Walter Bagehot suggested in 1873 about the Bank of England. Acting thus as a lender of last resort, the central bank will keep solvent banks liquid but let insolvent banks go out of business, as they should. The Fed tried this, but when the conventional wisdom ...


The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop 2016 Georgetown University Law Center

The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

There are two overarching legal paradigms for analyzing exclusionary conduct in antitrust – predatory pricing and the raising rivals’ costs characterization of foreclosure. Sometimes the choice of paradigm is obvious. Other times, it may depend on the structure of the plaintiff’s allegations. Some types of conduct, notably conditional pricing practices (CPPs), might appear by analogy to fit into both paradigms. CPPs involve pricing that is conditioned on exclusivity or some other type of favoritism in a customer’s purchases or input supplier’s sales. The predatory pricing paradigm would attack the low prices of CPPs. By contrast, the RRC foreclosure ...


The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein 2016 University of Georgia School of Law

The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.


Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers 2016 Cleveland State University

Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers

Chris Sagers

No abstract provided.


Patent Privateers And Antitrust Fears, Matthew Sipe 2016 University of Michigan Law School

Patent Privateers And Antitrust Fears, Matthew Sipe

Michigan Telecommunications and Technology Law Review

Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of ...


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