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Full-Text Articles in Law
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Popular Media
No abstract provided.
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye
William & Mary Business Law Review
Classifying an item as commercial reduces the governments ability to ask for information to determine whether prices are fair or reasonable, based on the assumption that these prices would e shaped by market forces. Since changes in procurement laws in the 1990s, contractors seem to want all items, as well as the entities that sell these items, to be listed as commercial. Contractors push for items to be labeled as commercial so they can avoid nearly all oversight and transparency requirements, which often results in the government buying blindly.