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Dilution At The Patent And Trademark Office, Jeremy N. Sheff 2015 St. John's University

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap 2015 University of Colorado Law School

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Appellate Lawmaking In A Judicial Hierarchy, Scott A. Baker 2015 Washington University in St. Louis, School of Law

Appellate Lawmaking In A Judicial Hierarchy, Scott A. Baker

Law & Economics Workshop

No abstract provided.


Political Contestability And Contract Rigidity: An Analysis Of Procurement Contracts, Marian W. Moszoro 2015 Berkeley Haas School of Business and Kozminski University, Poland.

Political Contestability And Contract Rigidity: An Analysis Of Procurement Contracts, Marian W. Moszoro

Law & Economics Workshop

No abstract provided.


Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang 2015 Peking University

Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang

Sang Yop Kang

Although controlling shareholder agency problems have been well studied so far, many questions still remain unanswered. In particular, an important puzzle in a bad-law jurisdiction is: why some controlling shareholders (“roving controllers”) loot the entire corporate assets at once, and why others (“stationary controllers”) siphon a part of corporate assets on a continuous basis. To solve this conundrum, this Article provides analytical frameworks exploring the behaviors and motivations of controlling shareholders. To begin with, I reinterpret Olson’s political theory of “banditry” in the context of corporate governance in developing countries. Based on a new taxonomy of controlling shareholders (“roving ...


Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia 2015 LUISS University of Rome

Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

No abstract provided.


The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr 2015 University of Georgia School of Law

The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr

Georgia Journal of International & Comparative Law

No abstract provided.


A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm 2015 University of Georgia School of Law

A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm

Georgia Journal of International & Comparative Law

No abstract provided.


Behavioral Law And Economics: Its Origins, Fatal Flaws, And Implications For Liberty, Joshua D. Wright, Douglas H. Ginsburg 2015 Northwestern University School of Law

Behavioral Law And Economics: Its Origins, Fatal Flaws, And Implications For Liberty, Joshua D. Wright, Douglas H. Ginsburg

Northwestern University Law Review

No abstract provided.


The Bank-Centered View Of The Money Market, Part I: Why Banks Are Different, Carolyn Sissoko 2015 University of Southern California

The Bank-Centered View Of The Money Market, Part I: Why Banks Are Different, Carolyn Sissoko

University of Southern California Legal Studies Working Paper Series

This paper introduces modern readers to the basic understanding of the banking system that was held by academics and practitioners in the early years of the 20th century – that is, to traditional banking theory. This theory is completely inconsistent with the theoretic framework that views banks as financial intermediaries that receive deposits and invest those deposits in assets. Thus, this paper first sets forth in detail the basic elements of traditional banking theory and then relates those elements to the modern network effects literature. From this a bank-centered view of the money market is derived: all demand and short-term bank ...


Sec Rules, Stakeholder Interests, And Cost-Benefit Analysis, Yoon-Ho Alex Lee 2015 USC Gould School of Law

Sec Rules, Stakeholder Interests, And Cost-Benefit Analysis, Yoon-Ho Alex Lee

University of Southern California Legal Studies Working Paper Series

Rules designed to regulate capital markets and protect investors often have spillover effects, either negative or positive, on stakeholders other than investors. These stakeholders can include managers, employees, consumers, taxpayers, gatekeepers, vendors, and others. This raises a question as to whether cost-benefit analyses of such investor protection rules -- to the extent that the regulator is expected to conduct them -- should take account of these spillover effects. One dilemma is that a rule may potentially be net beneficial to investors while net costly to society at large, or alternatively, it may be net beneficial to society at large but net costly ...


Saving Homes? Bankruptcies And Loan Modifications In The Foreclosure Crisis, Alan M. White, Carolina Reid 2015 University of Florida Levin College of Law

Saving Homes? Bankruptcies And Loan Modifications In The Foreclosure Crisis, Alan M. White, Carolina Reid

Florida Law Review

Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? The 2007–2012 financial crisis provides a unique opportunity to assess whether bankruptcy can help homeowners avoid the negative consequences of over-indebtedness and mortgage default. This empirical study analyzes a large, loan-level mortgage dataset to determine which variables are associated with delinquency and bankruptcy filing, and in turn, whether filing bankruptcy or receiving a loan modification measurably influences subsequent loan outcomes (e.g., foreclosure sale, prepayment, or default cure). Overall, we find that bankruptcy filings ...


The Theory Of Law “As Claim” And The Inquiry Into The Sources Of Law. Bruno Leoni In Prospect, daniele bertolini 2015 University of Toronto

The Theory Of Law “As Claim” And The Inquiry Into The Sources Of Law. Bruno Leoni In Prospect, Daniele Bertolini

daniele bertolini

This paper presents a systematic analysis of the theory of law "as claim" through a critical review of Bruno Leoni’s work. I argue that this philosophical theory provides a useful methodological framework for the analysis of law-making processes. I also demonstrate how Leoni’s critique of legislation offers insights into the efficient institutional response to the growing demand for law that has emerged from the increasing complexity of contemporary societies — insights that are particularly relevant in an age characterized by continuing technological changes and profound social mutations that challenge the existing organization of the sources of law. Finally, I ...


Oxford Handbook: Institutional Investors In Corporate Governance, Edward B. Rock 2015 University of Pennsylvania Law School

Oxford Handbook: Institutional Investors In Corporate Governance, Edward B. Rock

Faculty Scholarship

This chapter of the Oxford Handbook on Corporate Law and Governance examines the role of institutional investors in corporate governance and the role of regulation in encouraging institutional investors to become active stewards. I approach these topics through asking what lessons we can draw from the U.S. experience for the E.U.’s 2014 proposed amendments to the Shareholder Rights Directive.

I begin by defining the institutional investor category, and summarizing the growth of institutional investors’ equity holdings over time. I then briefly survey how institutional investors themselves are governed and how they organize share voting. This leads me ...


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Talking Points, Alex Stein, Jef De Mot 2015 Cardozo Law School

Talking Points, Alex Stein, Jef De Mot

Alex Stein

Our civil liability system affords numerous defenses against every single violation of the law. Against every single claim raised by the plaintiff, the defendant can assert two or more defenses each of which gives him an opportunity to win the case. As a result, when a court erroneously strikes out a meritorious defense, it might still keep the defendant out of harm’s way by granting him another defense. Rightful plaintiffs, on the other hand, must convince the court to deny each and every defense asserted by the defendant. Any rate of adjudicative errors—random and completely unbiased—consequently increases ...


Inefficient Evidence, Alex Stein 2015 Cardozo Law School

Inefficient Evidence, Alex Stein

Alex Stein

Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system must suppress all evidence that brings along a negative productivity-expense balance and is therefore inefficient. Failure to suppress inefficient evidence will result in serious diseconomies of scale. To operationalize this idea, I introduce a “signal-to-noise” method borrowed from statistics, science, and engineering. This method ...


Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang 2015 Peking University

Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang

Sang Yop Kang

‘Law and Finance’ theory – which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance – has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in relation to shareholder protection, however, have been highly neglected in these debates. In particular, the significance of one-share-one-vote (OSOV) rule has been inappropriately underestimated. In response, this Article explores (1) why OSOV is an utmost critical component in corporate governance ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms. 2015 University of Pennsylvania (2012)

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms.

Hyein Ashley Song Ms.

Modern discrimination is implicit. The paper finds out the implicit discrimination which comes from the mindset. So called, the ‘cognitive discrimination’ excludes the explicit discrimination prohibited by the legal language of the anti-discrimination law in the US. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Article 12 states the fair recognition of disabilities. The paper tests if the UN CRPD can extend its meaning of fair recognition to reduce the hidden prejudice.


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