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Articles 1 - 4 of 4
Full-Text Articles in Law
The Reduced Form Of Litigation Models And The Plaintiff's Win Rate, Jonah B. Gelbach
The Reduced Form Of Litigation Models And The Plaintiff's Win Rate, Jonah B. Gelbach
All Faculty Scholarship
In this paper I introduce what I call the reduced form approach to studying the plaintiff's win rate in litigation selection models. A reduced form comprises a joint distribution of plaintiff's and defendant's beliefs concerning the probability that the plaintiff would win in the event a dispute were litigated; a conditional win rate function that tells us the actual probability of a plaintiff win in the event of litigation, given the parties' subjective beliefs; and a litigation rule that provides the probability that a case will be litigated given the two parties' beliefs. I show how models with very different-looking …
Antitrust And Information Technologies, Herbert J. Hovenkamp
Antitrust And Information Technologies, Herbert J. Hovenkamp
All Faculty Scholarship
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.
For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …
Wireless Network Neutrality: Technological Challenges And Policy Implications, Christopher S. Yoo
Wireless Network Neutrality: Technological Challenges And Policy Implications, Christopher S. Yoo
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One key aspect of the debate over network neutrality has been whether and how network neutrality should apply to wireless networks. The existing commentary has focused on the economics of wireless network neutrality, but to date a detailed analysis of how the technical aspects of wireless networks affect the implementation of network neutrality has yet to appear in the literature. As an initial matter, bad handoffs, local congestion, and the physics of wave propagation make wireless broadband networks significantly less reliable than fixed broadband networks. These technical differences require the network to manage dropped packets and congestion in a way …
The Other Side Of Garcia:The Right Of Publicity And Copyright Preemption, Jennifer E. Rothman
The Other Side Of Garcia:The Right Of Publicity And Copyright Preemption, Jennifer E. Rothman
All Faculty Scholarship
This essay is adapted from a talk that I gave on October 2, 2015 at Columbia Law School’s annual Kernochan Center Symposium. The all-day conference focused on Copyright Outside the Box. The essay considers the aftermath of Garcia v. Google, Inc., and the Ninth Circuit’s suggestion in that case that Garcia might have a right of publicity claim against the filmmakers, even though her copyright claim failed.
The essay provides a partial update of my prior work, Copyright Preemption and the Right of Publicity, 36 U.C. Davis L. Rev. 199 (2002), and suggests that despite numerous cases over …