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Full-Text Articles in Law
The Market As Negotiation, Rebecca E. Hollander-Blumoff, Matthew T. Bodie
The Market As Negotiation, Rebecca E. Hollander-Blumoff, Matthew T. Bodie
All Faculty Scholarship
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier—they are agglomerations of negotiations by individual parties. Despite theoretical and empirical work on markets and on negotiation, legal scholars have largely overlooked the connection between the two areas in considering how markets are constructed and regulated.
This Article brings together scholarship in law, economics, sociology, and psychology to better understand the role that negotiation plays …
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
All Faculty Scholarship
The story of the ship of Theseus has long presented a puzzle over the nature of identity. Preserving the boat over time, the ancient Greeks would remove its wooden planks as they rotted and replace them with new planks. The question arose: was this still the same ship?
The problem hits at an issue that is critical to trademark law but has largely been overlooked: namely, what is the identity of the entity that holds the mark? And how do we determine whether that has changed over time? The law provides straightforward answers: it assigns the mark to the business …