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Contingent Judicial Deference: Theory And Application To Usury Laws, Bruno M. Salama 2017 FGV DIREITO SP

Contingent Judicial Deference: Theory And Application To Usury Laws, Bruno M. Salama

Law, Economics, & Business Workshop

No abstract provided.


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 ...


A Proposal To Limit The Anti-Competitive Power Of Institutional Investors, Eric A. Posner 2017 University of Chicago

A Proposal To Limit The Anti-Competitive Power Of Institutional Investors, Eric A. Posner

Law, Economics, & Business Workshop

No abstract provided.


For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner 2017 Duke Law School

For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner

Max Minzner

This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers—the victims of law violations and their fee-seeking attorneys—will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys, public ...


The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas 2017 U.S. Securities and Exchange Commission

The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas

Faculty Scholarship

In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial proportion of merger cases were not providing value, raised the bar, making it more difficult for plaintiffs to win a lawsuit challenging a merger and more difficult for plaintiffs’ counsel to collect a fee award.

We study what has happened in the courts in response to these changes. We find that the initial effect of the changes has been to decrease the volume of merger ...


Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff 2017 University of Pennsylvania Law School

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Faculty Scholarship

Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are also deeply cooperative, willingly sharing key details about their finances and strategy with their rivals. More surprisingly, they pay handsomely to do so. Nearly half of the AmLaw 100 and 200 belong to mutual insurance organizations that require member firms to provide capital; partner time; and important information about their governance, balance sheets, risk management, strategic plans, and malpractice liability. To answer why these firms do so when there are commercial insurers willing to provide coverage with fewer burdens, we ...


Changing People's Preferences By The State And The Law, Robert Cooter, Ariel Porat 2017 Berkeley Law

Changing People's Preferences By The State And The Law, Robert Cooter, Ariel Porat

Law, Economics, & Business Workshop

No abstract provided.


The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett 2017 University of Southern California

The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Contemporary technology and content markets offer users an abundance of free informational goods. The commodification of IP assets generates efficiency gains by eliminating the deadweight losses inherent to positive pricing of nonrivalrous goods. But commodified informational goods environments are often dominated by a handful of large aggregation and distribution intermediaries or even a single intermediary. These two characteristics are linked. In commodified markets, firms can generate positive revenues by adopting bundling strategies in which zero-price IP goods are distributed with positively priced complementary goods. In particular, firms in digital content markets secure rents under zero-price conditions by establishing dominant positions ...


Entrenchment: The Problem Of Constitutionalism, Michael Gilbert 2017 University of Virginia, School of Law

Entrenchment: The Problem Of Constitutionalism, Michael Gilbert

Law, Economics, & Business Workshop

No abstract provided.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno 2017 University of Montana School of Law

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land and Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


Property Rules Vs. Liability Rules For Patent Infringement, Carl Shapiro 2017 UC Berkeley, Haas School of Business

Property Rules Vs. Liability Rules For Patent Infringement, Carl Shapiro

Law, Economics, & Business Workshop

No abstract provided.


Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq 2017 University of Rhode Island

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A bibliography of sources on the research we did on prostitution and sex trafficking and the advocacy work we did to end decriminalized prostitution. For 29 years prostitution was decriminalized in Rhode Island (if it occurred indoors). Sexual exploitation and violence against women and girls were integrated into economic development. The number of sex businesses grew rapidly and organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, sex traffickers, and other violent criminals. The lack of laws impeded police from investigating serious crimes, including sex trafficking


The War On Poverty: Lawyers And Logistics, James M. Rose 2017 St. John's University School of Law

The War On Poverty: Lawyers And Logistics, James M. Rose

The Catholic Lawyer

No abstract provided.


Reducing Crime Through Expungements, Murat Mungan 2017 George Mason University

Reducing Crime Through Expungements, Murat Mungan

Law, Economics, & Business Workshop

No abstract provided.


"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt 2017 Berkeley Law

"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt

Law, Economics, & Business Workshop

No abstract provided.


Inducing Negligence, Ariel Porat 2017 Tel Aviv University

Inducing Negligence, Ariel Porat

Law, Economics, & Business Workshop

No abstract provided.


Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik 2017 St. Louis University

Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Has The Academy Led Patent Law Astray?, Jonathan M. Barnett 2017 University of Southern California

Has The Academy Led Patent Law Astray?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly commentary widely asserts that technology markets suffer from a triplet of adverse effects arising from the strong patent regime associated with the establishment of the Court of Appeals for the Federal Circuit in 1982: “patent thickets” that burden innovation with transaction and litigation costs; “patent holdup” resulting in excessive payouts to opportunistic patent holders; and “royalty stacking” resulting in exorbitant patent licensing fees. Together these effects purportedly depress innovation and inflate prices for end-users. These repeated assertions are inconsistent with the continuing robust output, declining prices and rapid innovation observed in the most patent-intensive technology markets during the more ...


Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School of Law 2017 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Economic Impacts Of California’S Major Climate Programs On The San Joaquin Valley, Betony Jones, Ethan Elkind, Kevin Duncan, Marilee Hanson 2017 Donald Vial Center on Employment in the Green Economy

The Economic Impacts Of California’S Major Climate Programs On The San Joaquin Valley, Betony Jones, Ethan Elkind, Kevin Duncan, Marilee Hanson

Center for Law, Energy & the Environment Publications

The San Joaquin Valley plays a critical role in shaping California’s climate policy and is worthy of study due to its function as a bellwether of the state’s transition to a low-carbon economy. Reducing emissions is vitally important for the San Joaquin Valley. The Valley’s topography traps pollution, and air quality and the resulting health conditions are far worse in the Valley than in other region of the state. The region also faces more socioeconomic challenges than the state as a whole. Thus the Valley is vulnerable to both climate change and to climate policy. If policymakers ...


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