Law Commons^™

Competition For Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The problems include high information costs and lack of sufficient knowledge, special interest capture, and the jury trial system, to name a few. More fundamentally, antitrust law and intellectual property law have looked at markets in very different ways. Further, over the last three decades antitrust law has undergone a reformation process that has made it extremely self conscious about its goals. While the need for such reform is at least as apparent in patent and copyright law, very little true reform has actually occurred.

Antitrust has …

Distributive Justice And Consumer Welfare In Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The dominant view of antitrust policy in the United States is that it is intended to promote some version of economic welfare. More specifically, antitrust promotes allocative efficiency by ensuring that markets are as competitive as they can practicably be, and that firms do not face unreasonable roadblocks to attaining productive efficiency, which refers to both cost minimization and innovation.

The distribution concern that has dominated debates over United States antitrust policy over the last several decades is whether antitrust should adopt a “consumer welfare” principle rather than a more general neoclassical “total welfare” principle. In The Antitrust Paradox Robert …

Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, Kaitlin Hansen

Independent Study Project (ISP) Collection

As Vietnam continues to search for its ideal balance between Communist control and a market-led economy, land rights emerge at the forefront of the discussion concerning the tension between traditional Socialist ideals of people-owned and state managed property versus neoliberal ideals of private property rights. The purpose of this study is twofold. First, this study will explore the legal relationship between the Vietnamese state and individuals in regards to land ownership, land management, and land use rights, explaining how this relationship has changed over time with subsequent land laws. Going further, this study will focus on the 2013 land law …

Study On The Influence Of Evolution Of Imsas In Implementation Of Stcw Convention And Related Issues, Jie You

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Investment Prospectus: Concentrated Solar Power With Heliostat Tower And Molten Salt Storage, Kyle Herman

Dr. Kyle S. Herman

This article delivers a preliminary overview of Concentrated Solar Technology. It offers data for investors and policy-makers in order to more properly understand and mitigate risks of this renewable energy.

The Carbon Frame: Condensed Version, Kyle Herman

Dr. Kyle S. Herman

Attracting Fdi: The Chilean Government's Role Promoting Renewable Energy, Kyle Herman

Dr. Kyle S. Herman

The development and implementation of renewable energy power plants is important for Chile in order to increase energy security, supply remote mines with electricity, and eventually decrease energy costs. The Chilean government has promoted renewable energy and attracted Foreign Direct Investment (FDI) to develop large-scale renewable energy projects. However, the policies cannot sufficiently attract FDI in unproven renewable energies such as Concentrated Solar Power, though it is proven elsewhere. This paper examines the Chilean government’s renewable energy policies, related government agencies, and the extent that these provide a stable backdrop for FDI in large-scale renewable energy projects. Following that summary, …

Chilean Renewable Energy Investment Potential With Technology Transfer, Kyle Herman

Dr. Kyle S. Herman

For potential for investment in Chilean renewable energy investment is promising. After the Chicago boys effectively transformed the Chilean economy into a haven for FDI (Foreign Direct Investment) during the 1980’s, government laws have aligned definitively with neo-liberal policy—in other words, open markets, incentives for investors, public-private partnerships and consistent injections of capital into its financial markets. This article explore these components and highlights investment potential and offers policy advice.

The Informal Economy, Innovation And Intellectual Property – Concepts, Metrics And Policy Considerations, Jeremy De Beer, Kun Fu, Sacha Wunsch-Vincent

Jeremy de Beer

No abstract provided.

Preemption Under The Controlled Substances Act, Robert A. Mikos

Journal of Health Care Law and Policy

No abstract provided.

Activities And Achievements: Progress Report 2011-2013, Center For Governance And Sustainability, University Of Massachusetts Boston, Maria Ivanova, Craig Murphy, James Gustave Speth, Christiana Figueres, Alice Odingo

Center for Governance and Sustainability Publications

We joined the University of Massachusetts Boston in the fall of 2010 to develop a new doctoral program in global governance and human security, the first of its kind in the United States. In the spring of 2011, we launched the Center for Governance and Sustainability in an effort to bring academic rigor to real-world policy challenges in environment, development, and sustainability governance.

The Center is housed at the John W. McCormack Graduate School of Policy and Global Studies, which takes pride in offering a world-class interdisciplinary education and engaging in values-driven research, demonstrating a deep commitment to making a …

Mandating Board-Shareholder Engagement?, Lisa Fairfax

All Faculty Scholarship

This Article not only argues that corporations must be encouraged to enhance the level of communication between shareholders and the board, but also maintains that the benefits of increased engagement are significant enough that we should consider developing standards for incentivizing, if not mandating, more robust board-shareholder engagement for corporations that fail to respond to such encouragement. In the last several years, shareholders not only have gained increased authority over corporate elections and governance matters, but also have demonstrated a willingness to use that authority to challenge, and even reject, management policies and practices. Shareholders also have begun to demand …

Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal

CMC Senior Theses

This paper seeks to determine under what conditions a U.S. president can implement a grand strategy given the nature of domestic and international opportunities and constraints. It will examine three comparative case studies: Jimmy Carter, George W. Bush, and Barack Obama, with the goal of determining what conditions are necessary at the individual, domestic, and systemic levels of analysis for grand strategy implementation. At the individual level, it will apply operational code analysis, as well as an examination of personal characteristics for each case study. At the domestic level, it will apply a five-prong test for examining factors that are …

Health Insurance, Employment, And The Human Genome: Genetic Discrimination And Biobanks In The United States, Eric A. Feldman, Chelsea Darnell

All Faculty Scholarship

Does genetic information warrant special legal protection, and if so how should it be protected? This essay examines the most recent (and indeed only) significant effort by the US government to prohibit genetic discrimination, the Genetic Information Nondiscrimination Act (GINA). We argue that the legislation is unlikely to have the positive impact sought by advocates of genetic privacy and proponents of biobanks. In part, GINA disappoints because it does too little. Hailed by its promoters as “the first civil rights act of the 21^st century,” GINA’s reach is in fact quite modest and its grasp even more so. But …

Unenforceability, Lee Petherbridge Ph.D., Jason Rantanen, R. Polk Wagner

All Faculty Scholarship

The patent doctrine of inequitable conduct—which allows a patent to be held unenforceable on the basis of misbehavior by the applicant during patent prosecution—has been the subject of intense criticism from the bench and bar alike. And yet to date there has been no systematic attempt to determine whether the doctrine is or is not working as theorized. This study fills that gap. We evaluate the performance of the inequitable conduct doctrine with a novel methodological approach: by empirically characterizing the differences between patents found unenforceable and several other types of patents (unlitigated, litigated, invalid, obvious, and underdisclosed), we use …

A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse

All Faculty Scholarship

The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ‘disease’ or ‘moral weakness’. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ‘translated’ into the law’s folk …

Retiree Out-Of-Pocket Healthcare Spending: A Study Of Consumer Expectations And Policy Implications, Allison K. Hoffman, Howell E. Jackson

All Faculty Scholarship

Even though most American retirees benefit from Medicare coverage, a mounting body of research predicts that many will face large and increasing out-of-pocket expenditures for healthcare costs in retirement and that many already struggle to finance these costs. It is unclear, however, whether the general population understands the likely magnitude of these out-of-pocket expenditures well enough to plan for them effectively. This study is the first comprehensive examination of Americans’ expectations regarding their out-of-pocket spending on healthcare in retirement. We surveyed over 1700 near retirees and retirees to assess their expectations regarding their own spending and then compared their responses …

Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley

Psychology Faculty Scholarship

Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …

Historicizing The "End Of Men": The Politics Of Reaction(S), Serena Mayeri

All Faculty Scholarship

No abstract provided.

Thinking Ahead, Looking Back: Assessing The Value Of Regulatory Impact Analysis And Procedures For Its Use, Cary Coglianese

All Faculty Scholarship

Analysis is a tool for making important legislative and regulatory decisions but it is also a way of looking back to see whether decisions made in the past have been good ones. How well have legal rules actually worked in practice? Answering this question is crucial, not only for improving regulation and legislation in the future, but also for improving forward-looking regulatory impact analysis (RIA). This article was originally presented as the keynote address at the 22nd Anniversary International Conference of the Korea Legislation Research Institute in August 2012. It highlights what social scientists have told us generally about the …

Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal

All Faculty Scholarship

Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal activity and frisk based on reasonable suspicion that the person is armed and dangerous, has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v. City of New York, the U.S. District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. Professors David Rudovsky and Lawrence Rosenthal debate the constitutionality of stop-and-frisk in New York City in light of …

Sue On Pay: Say On Pay’S Impact On Directors’ Fiduciary Duties, Lisa Fairfax

All Faculty Scholarship

This Article advances a normative case for using say on pay litigation to enhance the state courts’ role in policing directors’ compensation decisions. Outrage over what many perceive to be excessive executive compensation has escalated dramatically in recent years. In 2010, such outrage prompted Congress to mandate say on pay—a nonbinding shareholder vote on executive compensation. In the wake of say on pay votes, some shareholders have brought suit against directors alleging that a negative vote indicates a breach of directors’ fiduciary duties. To date, the vast majority of courts have rejected these suits. This Article insists that such rejection …

An Optimist's Take On The Decline Of Small-Employer Health Insurance, Allison K. Hoffman

All Faculty Scholarship

In their Article, Saving Small-Employer Health Insurance, Amy Monahan and Dan Schwarcz contend that the Patient Protection and Affordable Care Act (“ACA”) could be the death of small-group health insurance by incentivizing many small employers not to offer coverage. While their prediction that the ACA, after implemented, will destabilize the small-group insurance market may prove true, I argue why their prescription that it should be saved is flawed and why we may be better off without small group insurance.