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Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, III 2016 Selected Works

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for ...


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.


Intellectual Property, Antitrust, And The Rule Of Law: Between Private Power And State Power, Ariel Katz 2016 Faculty of Law, University of Toronto

Intellectual Property, Antitrust, And The Rule Of Law: Between Private Power And State Power, Ariel Katz

Ariel Katz

This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are ...


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 ...


Exploitative Abuses Of Intellectual Property Rights, Harry First 2016 NYU School of Law

Exploitative Abuses Of Intellectual Property Rights, Harry First

New York University Law and Economics Working Papers

It is the standard view in the United States that U.S. antitrust law does not reach acts of exploitation by a monopolist, particularly monopoly pricing (“rent extraction”). Even more so for intellectual property, where U.S. courts have emphasized the right of an intellectual property right holder to raise prices and exploit its rights to the fullest, constrained only by market demand. Competition law in the rest of the world appears to be otherwise, however, with many countries generally condemning excessive high prices by dominant firms, even if often reluctant to invoke such provisions in practice.

Despite apparent differences ...


Mannington Mills, Inc. V. Congoleum Corp.: A Perfect Storm Of Extraterritoriality In Patent And Antitrust Law, Benjamin Holt 2016 Indiana University - Bloomington

Mannington Mills, Inc. V. Congoleum Corp.: A Perfect Storm Of Extraterritoriality In Patent And Antitrust Law, Benjamin Holt

Indiana Journal of Global Legal Studies

The invention of chemically embossed cushioned vinyl flooring revolutionized the flooring industry in the mid-1900s, and the patents on this technology became the basis for large-scale litigation between two of the industry's leaders. This is the story of Mannington Mills, Inc. v. Congoleum Corp.-a case that implicated foreign patent rights and the territorial nature of patent law, the extraterritorial scope of U.S. antitrust law (at a time when this scope was changing and uncertain), competing doctrines of jurisdiction and abstention, and emerging international comity concerns. These legal issues combined to create a perfect storm of extraterritoriality by ...


Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole 2016 McClain, Mellen, Bowling & Hickman

Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht 2016 University of Georgia School of Law

Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht

Georgia Journal of International & Comparative Law

No abstract provided.


Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath 2016 Pepperdine University

Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath

The Journal of Business, Entrepreneurship & the Law

In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.


Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi 2016 Northwestern University School of Law

Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi

Northwestern University Law Review

American courts have long struggled with categorizing municipalities. They treat municipalities sometimes as private corporations, sometimes as governmental bodies, and sometimes as something in between. This uncertainty provides a shaky foundation for local government law and hampers its development. Local governments are not sure of their powers, and states are unable to create a comprehensive vision of municipal governance. When federal law is involved, the situation is muddled further.

In FTC v. Phoebe Putney, the Supreme Court’s application of the state action doctrine unnecessarily injected federal antitrust law into the relationship between states and municipalities. The state action doctrine ...


First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan 2016 Baker Botts LLP

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Journal of Intellectual Property Law

No abstract provided.


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon 2016 Southern University Law Center

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo 2016 University of Georgia School of Law

The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo

Georgia Journal of International & Comparative Law

No abstract provided.


Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers 2016 University of Georgia School of Law

Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers

Georgia Journal of International & Comparative Law

No abstract provided.


Statement Of Thomas J. Horton, International Antitrust Enforcement: China And Beyond: Hearing Before The H. Comm On The Judiciary, Subcomm. On Regulatory Reform, Commercial And Antitrust Law, 114th Cong. (2016), Thomas J. Horton 2016 University of South Dakota School of Law

Statement Of Thomas J. Horton, International Antitrust Enforcement: China And Beyond: Hearing Before The H. Comm On The Judiciary, Subcomm. On Regulatory Reform, Commercial And Antitrust Law, 114th Cong. (2016), Thomas J. Horton

Thomas J. Horton

No abstract provided.


Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd 2016 Emory University School of Law

Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd

Minnesota Journal of Law, Science & Technology

No abstract provided.


Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman

Nevada Law Journal

No abstract provided.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid 2016 American University Washington College of Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid

Nasser A Alreshaid

While the international community is stimulated by the new sustainable development goals’ impetus, the global trade regime lives through its 40’s mid-life crisis and anticipates what it does not know. Views of the multilateral trading system being stalled by a proliferation of other preferential trade agreements, signal a deep inquiry into this policy trend. What this paper intends to highlight though, is that if lessons are drawn from the new sustainable development goals, these global trade challenges could be mere air turbulence. By introducing the needs of states and their constituents through these goals, an inclusive and more representative ...


From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon 2016 Notre Dame Law School

From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon

Journal of Legislation

People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale ...


Pre-Imagining The Copyright Board, Ariel Katz 2016 Faculty of Law, University of Toronto

Pre-Imagining The Copyright Board, Ariel Katz

Ariel Katz

On May 25, 2016, ALAI Canada organized a conference titled "The Copyright Board of Canada: Which Way Ahead?" In this presentation, I described how the Copyright Board seems to lack a clear understanding of its mandate and a supporting theory of regulation. Since different regulatory goals require or justify different regulatory means and institutions, articulated a clear mandate should be a first step for evaluating the Board's function and for considering potential reforms.


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