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The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello
The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello
Faculty Scholarship
In 1991, the American Law and Economics Association identified Guido Calabresi, Ronald Coase, Henry Manne and Richard Posner as the founders of the 'law and economics' movement. The European Journal of Law and Economics has already devoted a special issue to each of the last three. It is now Calabresi's turn. The order has no particular meaning and the current issue in Calabresi's honor does not depend on a desire to complete the list. Rather, we waited for a very special occasion to celebrate Calabresi's work - the publication of his latest book, The Future of Law and Economics (2016).
Law And Economics Versus Economic Analysis Of Law, Keith N. Hylton
Law And Economics Versus Economic Analysis Of Law, Keith N. Hylton
Faculty Scholarship
I agree with Calabresi's general distinction between Economic Analysis of Law and Law and Economics. However, these broad categories may obscure important differences between types of law and economics scholarship. I would distinguish positive economic analysis from normative economic analysis, and positivist legal analysis from nonpositivist analysis. The four categories generated by these distinctions provide a more fine-grained map of the styles of reasoning in law and economics, and has implications for the future of law and economics.
Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey
Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey
Faculty Scholarship
This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, are taking place over less familiar terrain: fundamental rights and values. Its argument draws from the diverse, personal accounts of interviews from everyday creators and innovators and focuses on descriptions of harms and, as some say “abuses,” they suffer within their practicing communities. The harms are not described are the usual harms that intellectual property law is understood to prevent. Typically, intellectual property injuries are conceived in individual terms and as economic injuries. An infringer is a thief. …
Existential Copyright And Professional Photography, Jessica Silbey, Eva Subotnik, Peter Dicola
Existential Copyright And Professional Photography, Jessica Silbey, Eva Subotnik, Peter Dicola
Faculty Scholarship
Intellectual property law has intended benefits, but it also carries certain costs — deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual …