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Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp 2015 University of Iowa

Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp

Herbert Hovenkamp

Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and the patent system have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation ...


Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 SelectedWorks

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Disappearing Claims And The Erosion Of Public Law, J. Maria Glover 2015 Georgetown University Law Center

Disappearing Claims And The Erosion Of Public Law, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s arbitration jurisprudence in the last five years represents the culmination of a three-decade long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually every type of justiciable claim. As scholars have traced, privatizing disputes that would otherwise be public may well erode public confidence in public institutions and the judicial process. Accordingly, many observers have linked this decades-long privatization of dispute resolution to an erosion of the public realm. In this piece I argue that the Court’s recent arbitration jurisprudence undermines the public law ...


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.


Regulatory Capture And Quality, Laurence Tai 2014 NELLCO

Regulatory Capture And Quality, Laurence Tai

New York University Law and Economics Working Papers

This paper presents a model of regulatory policymaking in which an interest group engages in costly regulatory quality improvements and rent-seeking to "capture" an agent by causing his preferences to shift toward the group's. The model serves two purposes. First, as a general framework, it accounts for various theories of capture from prior studies and organizes avenues for further research on specific mechanisms of capture. Second, it analyzes the effect of institutional responses to capture, including limiting rent-seeking, making the agent more initially hostile to the group, and decreasing the strength of capture. A key implication is that aligning ...


Judicial Review And Judicial Supremacy, Jeremy Waldron 2014 NELLCO

Judicial Review And Judicial Supremacy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme ...


Duty-Bearers For Positive Rights, Jeremy Waldron 2014 NELLCO

Duty-Bearers For Positive Rights, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Claims about social and economic rights (as a kind of human right) are often criticized because they fail to specify who are the bearers of the corresponding duties. We usually say that states are the duty-bearers, but it may not be possible for a poor state to bear the burden of these rights. And anyway it may be a mistake to focus exclusively on states in an age of globalization. This paper uses some analytic ideas from the 1970s and 1980s to address this problem. Drawing on the work of Neil MacCormick and Joseph Raz, it argues that it is ...


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson 2014 University of Pennsylvania Law School

The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson

Faculty Scholarship

This brief essay summarizes the virtues of the modern American codification movement of the 1960s and 70s, putting it in a larger global context, then describes how these once-enviable codes have been systematically degraded with thoughtless amendments, a process of degradation that is accelerating each year. After exploring the political dynamics that promote such degradation, the essay suggests the principles and procedures for fixing the current codes and, more importantly, structural changes to the process that could avoid the restart of degradation in the future.


German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson 2014 University of Georgia School of Law

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.


Ballot Bedlam, Samuel Issacharoff 2014 NELLCO

Ballot Bedlam, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

In both law and public scrutiny, renewed attention is being given to the simple act of casting a ballot. At a time when the formal act of voting has been relaxed, and more than a third of Americans cast their ballots in another manner than voting at the polls on Election Day, there is a decided pushback. In some sense this is hardly novel; question of ballot integrity and ballot access have been a recurring issue in the U.S. from Reconstruction to the Civil Rights Era. In both of these previous eras, enfranchisement and disenfranchisement had a partisan edge ...


Ser Y Tiempo Jurídicos (Juridical Being And Time), Juan Carlos Riofrío Martínez-Villalba 2014 Latin American and Caribbean Law and Economics Association

Ser Y Tiempo Jurídicos (Juridical Being And Time), Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El estudio contiene una profundización metafísica del análisis de la dinámica jurídica. Para explicarla se aplican los poderosos conceptos griegos de ser y potencia, con los que los antiguos pudieron resolver el problema del tiempo y del cambio cósmico. Por eso el artículo comienza modulando para el derecho estas nociones griegas, de los cuales resultan los conceptos metafísicos de “ser jurídico” y “potencia jurídica”, para luego arribar al concepto de “espacio jurídico”. Con esta triada de nociones se puede, entonces, resolver el tema del cambio y el tiempo jurídico, como se hace al final del trabajo.

This article contains a ...


Fast Fixes For Foia, Laurence Tai 2014 NELLCO

Fast Fixes For Foia, Laurence Tai

New York University Public Law and Legal Theory Working Papers

The Freedom of Information Act (FOIA) has been hindered throughout its history by delays in processing requests, questionable denials of information, and a dominance of commercial requests. Using an economic approach, this Article argues that cost asymmetries drive these difficulties: agencies incur high costs compared to requesters at the processing stage, whereas the opposite is true at the judicial review stage. To mitigate these asymmetries, this Article proposes three relatively simple changes that would markedly improve the Act’s implementation: allowing agencies to retain processing fees, increasing processing fees, especially for commercial and expedited requests, and strengthening FOIA’s attorney ...


Regulatory Capture And Quality, Laurence Tai 2014 NELLCO

Regulatory Capture And Quality, Laurence Tai

New York University Public Law and Legal Theory Working Papers

This paper presents a model of regulatory policymaking in which an interest group engages in costly regulatory quality improvements and rent-seeking to "capture" an agent by causing his preferences to shift toward the group's. The model serves two purposes. First, as a general framework, it accounts for various theories of capture from prior studies and organizes avenues for further research on specific mechanisms of capture. Second, it analyzes the effect of institutional responses to capture, including limiting rent-seeking, making the agent more initially hostile to the group, and decreasing the strength of capture. A key implication is that aligning ...


Fast Fixes For Foia, Laurence Tai 2014 NELLCO

Fast Fixes For Foia, Laurence Tai

New York University Law and Economics Working Papers

The Freedom of Information Act (FOIA) has been hindered throughout its history by delays in processing requests, questionable denials of information, and a dominance of commercial requests. Using an economic approach, this Article argues that cost asymmetries drive these difficulties: agencies incur high costs compared to requesters at the processing stage, whereas the opposite is true at the judicial review stage. To mitigate these asymmetries, this Article proposes three relatively simple changes that would markedly improve the Act’s implementation: allowing agencies to retain processing fees, increasing processing fees, especially for commercial and expedited requests, and strengthening FOIA’s attorney ...


Dr John Liebert Presentation, Dr John Liebert 2014 Embry-Riddle Aeronautical University

Dr John Liebert Presentation, Dr John Liebert

National Security and Intelligence Symposium

No abstract provided.


The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudkin, Andreas Kuersten 2014 University of Pennsylvania Law School

The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudkin, Andreas Kuersten

Faculty Scholarship

No abstract provided.


Judge Posner’S Simple Law, Mitchell N. Berman 2014 University of Pennsylvania Law School

Judge Posner’S Simple Law, Mitchell N. Berman

Faculty Scholarship

The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, to resolve real-world disputes sensibly, judges must be astute students of the world’s complexity. The problem, he says, is that, thanks to disposition, training, and professional incentives, they aren’t. Worse than that, the legal system generates its own complexity precisely to enable judges “to avoid rather than meet and overcome the challenge of complexity” that the world delivers. Reflections concerns how judges needlessly complexify inherently simple law, and how this complexification can be corrected.

Posner’s diagnoses and prescriptions range ...


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