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458 full-text articles. Page 1 of 11.

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2014 BLR

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody 2014 The College at Brockport: State University of New York

Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody

Education and Human Development Master's Theses

Thesis research focuses around the Civil Rights Congress' 1951 United Nations Petition charging the United States with genocide against the African American race. This thesis also examines the complexities of global politics and the impact Communism had on the civil rights organization's ability to gain support for reform on the domestic and international level.


Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman 2014 Touro College Jacob D. Fuchsberg Law Center

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.


An Economic Analysis Of Effective Compliance Programs, Geoffrey P. Miller 2014 NELLCO

An Economic Analysis Of Effective Compliance Programs, Geoffrey P. Miller

New York University Law and Economics Working Papers

Tests for “effective” compliance programs take the form of lists specifying required elements in varying level of detail. From an economic perspective, an effective compliance program can be defined more fundamentally as the set of policies and procedures that a rational, profit-maximizing firm would establish if it faced an expected sanction equal to the social costs of violations. This paper explores the idea and several of its extensions and qualifications.


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


The Compliance Function: An Overview, Geoffrey P. Miller 2014 NELLCO

The Compliance Function: An Overview, Geoffrey P. Miller

New York University Law and Economics Working Papers

The compliance function consists of efforts organizations undertake to ensure that employees and others associated with the firm do not violate applicable rules, regulations or norms. It is a form of internalized law enforcement which, if it functions effectively, can substitute for much (although not all) of the enforcement activities provided by the state. Together with its close cousins, governance and risk-management, compliance is an essential internal control activity at corporations and other complex organizations. This paper will examine the following topics: the analysis of compliance within a general theory of enforcement; the development of the compliance function; the concept ...


Profits V. Purpose: Hybrid Companies And The Charitable Dollar, Jill R. Horwitz, Rachel Culley 2014 University of Michigan Law School

Profits V. Purpose: Hybrid Companies And The Charitable Dollar, Jill R. Horwitz, Rachel Culley

Law & Economics Working Papers

Social entrepreneurship -- a catch-all term meaning harnessing business practices for social good -- has attracted people who want to “do well while doing good” for decades. Advocates of the idea have succeeded in blurring the boundaries among legal ownership types and inspired nonprofit/for-profit joint ventures, public-private partnerships, and the widespread privatization of traditional government functions and activities. The most recent manifestation of this trend is the creation of hybrid non-profit/for-profit firms. In the United States, the Low-Profit Limited Liability Company (L3C) is growing, and there are similar firms in the United Kingdom and Canada. In this paper we address ...


The Role Of Risk Management And Compliance In Banking Integration, Geoffrey P. Miller 2014 NELLCO

The Role Of Risk Management And Compliance In Banking Integration, Geoffrey P. Miller

New York University Law and Economics Working Papers

This article explores an important but little studied dimension of the ongoing transformation of banking markets: the growth of risk management and compliance as key governance functions and the focus on risk as a foundation stone for regulatory strategy. The developments in risk and compliance are in part mandated by government regulation, but also reflect practices and norms developed in the private sector. Parallel developments reflecting convergence of norms and practice are observed in banking markets around the world.


The New Dimensions Of United Nations Peacemaking, Louis B. Sohn 2014 University of Georgia School of Law

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Raymond Sommereyns 2014 University of Georgia School of Law

Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Raymond Sommereyns

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Ii: Global Attitudes On The Role Of The United Nations In The Maintenance And Restoration Of Peace, Louis B. Sohn 2014 University of Georgia School of Law

Panel Ii: Global Attitudes On The Role Of The United Nations In The Maintenance And Restoration Of Peace, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Comparative Advantage And The United Nations In Situations Of Conflict, Frederic L. Kirgis 2014 University of Georgia School of Law

Comparative Advantage And The United Nations In Situations Of Conflict, Frederic L. Kirgis

Georgia Journal of International & Comparative Law

No abstract provided.


A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi 2014 Seattle University School of Law

A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi

Seattle University Law Review

The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the ...


Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant 2014 NELLCO

Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant

New York University Public Law and Legal Theory Working Papers

Review of the legislative history of the New York Prudent Management of Institutional Funds Act comparing it to the Uniform Prudent Management of Institutional Funds Act and making suggestions for legislative and regulatory amendments and clarifications.


Objectives-Based Twin-Peaks Financial Regulation In Hong Kong, Bryane Michael 2014 SelectedWorks

Objectives-Based Twin-Peaks Financial Regulation In Hong Kong, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Objectives-based legislation – or laws which focus on achieving particular and concrete outcomes – has become a new and important tool that financial sector regulators use to tackle large and varied financial system risks. Yet, objectives-based legislation – and the frequent principles-based regulation underpinned by such legislation – represents a stark departure from traditional ways of legislating. In this paper, we describe the problems and prospects of implementing objectives-based financial regulation in Hong Kong – in the form of a Twin Peaks regulatory structure. A focus on the objectives of achieving financial market stability and proper market conduct would require a different approach to legislating ...


Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle 2014 Pepperdine University

Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle

Pepperdine Dispute Resolution Law Journal

This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock 2014 University of Georgia School of Law

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey 2014 Seattle University School of Law

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon ...


Global Experimentalist Governance, Gráinne de Búrca, Robert O. Keohane, Charles F. Sabel 2014 NELLCO

Global Experimentalist Governance, Gráinne De Búrca, Robert O. Keohane, Charles F. Sabel

New York University Public Law and Legal Theory Working Papers

This article outlines the concept of Global Experimentalist Governance (GXG). GXG is an institutionalized transnational process of participatory and multilevel problem solving, in which particular problems, and the means of addressing them, are framed in an open-ended way, and subjected to periodic revision by various forms of peer review in light of locally generated knowledge. GXG differs from other forms of international organization and transnational governance, and is emerging in various issue areas. The Montreal Protocol on ozone-depleting substances is used to illustrate how GXG functions. The conditions for the emergence of GXG are specified, as well as some of ...


Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson 2014 SelectedWorks

Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson

Jonathan C. Lipson

This paper uses “institutional analysis”—the study of the relative capacities of markets, courts, and regulators—to make three claims about financial crises.

First, financial crises are increasingly a problem of “regulatory displacement.” Through the ad hoc rescues of 2008 and the Dodd-Frank reforms of 2010, regulators displace market and judicial processes that ordinarily prevent financial distress from becoming financial crises. Because regulators are vulnerable to capture by large financial services firms, however, they cannot address the pathologies that create crises: market concentration and complexity. Indeed, regulators may inadvertently aggravate these conditions through resolution tactics that consolidate firms, and the ...


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