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Full-Text Articles in Law

A Reconsideration Of Copyright's Term, Kristelia A. García, Justin Mccrary Jan 2019

A Reconsideration Of Copyright's Term, Kristelia A. García, Justin Mccrary

Articles

For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright’s term is of legal and economic significance, arguments both for and against a lengthy term are often impressionistic. Utilizing music industry sales data not previously available for academic analysis, this Article fills an important evidentiary gap in the literature. Using recorded music as a case study, we determine that most copyrighted music earns the majority of its lifetime revenue in the first five to ten years following its initial ...


Copyright Arbitrage, Kristelia A. Garcia Jan 2019

Copyright Arbitrage, Kristelia A. Garcia

Articles

Regulatory arbitrage—defined as the manipulation of regulatory treatment for the purpose of reducing regulatory costs or increasing statutory earnings—is often seen in heavily regulated industries. An increase in the regulatory nature of copyright, coupled with rapid technological advances and evolving consumer preferences, have led to an unprecedented proliferation of regulatory arbitrage in the area of copyright law. This Article offers a new scholarly account of the phenomenon herein referred to as “copyright arbitrage.”

In some cases, copyright arbitrage may work to expose and/or correct for an extant gap or inefficiency in the regulatory regime. In other cases ...


The Economics Of American Higher Education In The New Gilded Age, Paul Campos Jan 2018

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Articles

No abstract provided.


Stock Market Manipulation And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Gabriel Rauterberg Jan 2018

Stock Market Manipulation And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Gabriel Rauterberg

Articles

More than eighty years after federal law first addressed stock market manipulation, the federal courts remain fractured by disagreement and confusion concerning manipulation law's most foundational issues. There remains, for example, a sharp split among the federal circuits concerning manipulation law's central question: Whether trading activity alone can ever be considered illegal manipulation under federal law? Academics have been similarly confused-economists and legal scholars cannot agree on whether manipulation is even possible in principle, let alone on how to properly address it in practice.


Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon Jan 2016

Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon

Articles

This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of ...


Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser Jan 2016

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Articles

This Closing Fireside Chat was the final session of the 16th annual Silicon Flatirons Center conference, The Digital Broadband Migration: The Evolving Industry Structure of the Digital Broadband Landscape, held on Feb. 1, 2016 in the Wittemyer Courtroom of the University of Colorado Law School.

"At the time this conference was held, William J. Baer was Assistant Attorney General for Antitrust in the United States Department of Justice. On April 17, 2016, President Obama asked Mr. Baer to become Acting Associate Attorney General of the United States. Video of this interview with Assistant Attorney General Baer is available at https ...


The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser Jan 2016

The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser

Articles

No abstract provided.


Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald Jan 2013

Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald

Articles

The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation ...


Understanding The United States' Incarceration Rate, William T. Pizzi Jan 2012

Understanding The United States' Incarceration Rate, William T. Pizzi

Articles

What has caused prison sentences to climb so sharply and consistently in the last four decades?


Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts, Scott R. Peppet Jan 2012

Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts, Scott R. Peppet

Articles

This Article argues that freedom of contract will take on different meaning in a world in which new technology makes information about places, goods, people, firms, and contract terms available to contracting parties anywhere, at any time. In particular, our increasingly "augmented reality" calls into question leading justifications for distrusting consumer contracts and strengthens traditional understandings of freedom of contract. This is largely a descriptive and predictive argument: This Article aims to introduce contract law to these technologies and consider their most likely effects. It certainly has normative implications, however. Given that the vast majority of consumer contracting occurs in ...


What Does Tort Law Do? What Can It Do?, Scott Hershovitz Jan 2012

What Does Tort Law Do? What Can It Do?, Scott Hershovitz

Articles

It’s not hard to describe what tort law does. As a first approximation, we might say that tort empowers those who suffer certain sorts of injuries or invasions to seek remedies from those who brought about those injuries or invasions. The challenge is to explain why tort does that, or to explain what tort is trying to do when it does that. After all, it is not obvious that we should have an institution specially concerned with the injuries and invasions that count as torts.


Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur Jan 2010

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article argues against ...


Tax Incentives For Economic Development: Personal (And Pessimistic) Reflectoins, Edward A. Zelinsky Jan 2008

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflectoins, Edward A. Zelinsky

Articles

No abstract provided.


The Irrational Auditor And Irrational Liability, Adam C. Pritchard Jan 2006

The Irrational Auditor And Irrational Liability, Adam C. Pritchard

Articles

This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession ...


Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron Wright Jan 2005

Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron Wright

Articles

No abstract provided.


Discrimination Against The Unhealthy In Health Insurance, Mary Crossley Jan 2005

Discrimination Against The Unhealthy In Health Insurance, Mary Crossley

Articles

As employers seek to contain their health care costs and politicians create coverage mechanisms to promote individual empowerment, people with health problems increasingly are forced to shoulder the load of their own medical costs. The trend towards consumerism in health coverage shifts not simply costs, but also insurance risk, to individual insureds, and the results may be particularly dire for people in poor health. This Article describes a growing body of research showing that unhealthy people can be expected disproportionately to pay the price for consumerism, not only in dollars, but in preventable disease and disability as well. In short ...


Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss Jan 2004

Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss

Articles

Despite women's dramatic labor market gains, there remains a striking degree of occupational segregation by gender. Analysts typically blame discrimination or women's work/family priorities. This Article offers a different explanation.

It is hard for women choosing jobs or occupations to know where they will face discrimination, particularly since recent judicial decisions eliminated certain employer signals that once differentiated fair and discriminatory firms. One way women can effectuate a preference for nondiscriminatory workplaces is by choosing gender-diverse workplaces. Nondiverse workplaces often are not female-friendly, and discrimination may be the reason they are nondiverse. In economic terms, women rationally ...


Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet Jan 2004

Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet

Articles

This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.


Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang Jan 2003

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Articles

No abstract provided.


Transactional Mediation: Using Mediators In Deals, Scott Peppet Jan 2003

Transactional Mediation: Using Mediators In Deals, Scott Peppet

Articles

This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.


Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder Jan 2002

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all that seems ...


Avoidance Theory According To Steve Nickles, David Gray Carlson Jan 2001

Avoidance Theory According To Steve Nickles, David Gray Carlson

Articles

No abstract provided.


Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

Articles

No abstract provided.


Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman Jan 2001

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

Articles

A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The ...


The Conundrum Of Executive Compensation, Mark J. Loewenstein Jan 2000

The Conundrum Of Executive Compensation, Mark J. Loewenstein

Articles

Much of the scholarship on executive compensation that appears in law reviews assumes that large U.S. corporations overpay their chief executive officers ("CEOs"). This assumption is understandable, as many of these compensation packages are indeed stunning. The question of whether CEOs are overpaid, however, is complicated. Some scholars in other disciplines, principally in economics and management science, have studied the issue but, as this Article demonstrates, this literature does not confirm the assumption. Indeed, some studies suggest that CEO pay is competitive. Moreover, efforts to reduce the level of executive compensation may have the unintended consequence of achieving the ...


The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David Gray Carlson, Jack F. Williams Jan 2000

The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David Gray Carlson, Jack F. Williams

Articles

No abstract provided.


A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman Jan 2000

A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman

Articles

Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of ...


Linking The Visions, Donald H. Regan Jan 2000

Linking The Visions, Donald H. Regan

Articles

In my case, which may be unusual, the importance of my non-law training and commitments is not in specific contributions they make to my work in law. Rather, it is in their contributions to my being me.


Secured Lending As A Zero-Sum Game, David Gray Carlson Jan 1998

Secured Lending As A Zero-Sum Game, David Gray Carlson

Articles

No abstract provided.