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Full-Text Articles in Law

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone Sep 2007

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.


Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone Sep 2007

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.


Naked Exclusion, Efficient Breach, And Downstream Competition, John Simpson, Abraham L. Wickelgren Sep 2007

Naked Exclusion, Efficient Breach, And Downstream Competition, John Simpson, Abraham L. Wickelgren

Abraham L. Wickelgren

Previous papers by Eric B. Rasmusen et. al. (1991) and Ilya R. Segal and Michael D. Whinston (2000) argue that exclusive contracts can inefficiently deter entry in the presence of scale economies and multiple buyers. We first show that these results no longer hold when buyers are final consumers who can breach these contracts and pay expectation damages. We then show, however, that exclusive contracts can inefficiently deter entry if buyers are downstream competitors, even in the absence of scale economies and even if breach is possible.


Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson Jun 2007

Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson

Ron D. Katznelson

This study was initiated in order to provide more factual insight into the recent debates on patent reforms in general and more particularly, the practice of patent continuations in the United States Patent and Trademark Office (“USPTO”). Several important trends that have not been previously quantified are brought to light. A quantitative analysis of various components of the flow of patent applications to the USPTO was carried out and insight into the ever-increasing propensity of patentees to file patent applications is presented. It is shown that with the exception of isolated transients due to patent law changes, the growth trend …


Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone May 2007

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.


A Control Theory Model Of Pricing For A Firm Facing A Stochastic Environment – A Firm’S Dynamic Pricing Strategy When Faced With The Threat Of Antitrust Action, Manak Gupta, Atin Basu Choudhary May 2007

A Control Theory Model Of Pricing For A Firm Facing A Stochastic Environment – A Firm’S Dynamic Pricing Strategy When Faced With The Threat Of Antitrust Action, Manak Gupta, Atin Basu Choudhary

Atin Basu Choudhary

No abstract provided.


Silence Is Golden: Communication, Silence, And Cartel Stability, Atin Basu Choudhary, John Conlon May 2007

Silence Is Golden: Communication, Silence, And Cartel Stability, Atin Basu Choudhary, John Conlon

Atin Basu Choudhary

This paper studies how cartel stability is influenced by asymmetric information and communication about demand. Firms in a cartel face fluctuating demand in a repeated game framework. In each period, one randomly chosen firm knows current demand. In this context we consider two different equilibria -- one where the informed firm communicates its information to its partners and another where it does not. We show that cartels are extremely unstable when the informed firm communicates with the uninformed firms. However, when the informed firm does not communicate with the uninformed firms cartels can be as stable as when there are …


Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone Apr 2007

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Paolo Santella

No abstract provided.


Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone Apr 2007

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.


La Convergencia Y El Principio De La Neutralidad Tecnológica, Víctor Pavón-Villamayor Jan 2007

La Convergencia Y El Principio De La Neutralidad Tecnológica, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.


Paternalist Slopes, Glen Whitman, Mario J. Rizzo Jan 2007

Paternalist Slopes, Glen Whitman, Mario J. Rizzo

Mario Rizzo

A growing literature in law and public policy harnesses research in behavioral economics to justify a new form of paternalism. Contributors to this literature typically emphasize the modest, non-intrusive character of their proposals. A distinct literature in law and public policy analyzes the validity of “slippery slope” arguments. Contributors to this literature have identified various mechanisms and processes by which slippery slopes operate, as well as the circumstances in which the threat of such slopes is greatest. The present article sits at the nexus of the new paternalist literature and the slippery slopes literature. We argue that the new paternalism …


Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon Jan 2007

Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon

Michael F. Cannon

No abstract provided.


Rethink The "War On Drugs", John J. Donohue Jan 2007

Rethink The "War On Drugs", John J. Donohue

John Donohue

Crime is an issue that often seeps into Presidential elections in one form or another. Indeed, the Bush Administration has rolled back or undermined the two primary crime‐fighting initiatives of the Clinton Administration by allowing the 1994 federal ban on assault weapons to lapse, and by eliminating Clinton’s COPS program, which put tens of thousands of new police on the streets of American cities. Gun control is largely a dead letter, since the NRA has shown that it has the power to keep any type of gun in the hands of anyone who wants them, as well as the power …


Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen Jan 2007

Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen

Kong-Pin Chen

This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …


Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding Jan 2007

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Erik F. Gerding

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate "excessive" speculation. The article employs experimental asset market research to measure the effectiveness of these "anti-bubble laws" in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles - …


Expanding The Gap: How The Rural Property System Exacerbates China's Urban-Rural Gap, Benjamin James Jan 2007

Expanding The Gap: How The Rural Property System Exacerbates China's Urban-Rural Gap, Benjamin James

Benjamin James

This paper asserts that one of the main reasons the wealth gap between China’s peasants and city-dwellers persists and continues to widen is China’s system of property laws, especially those that specifically govern rural real estate. The principal problem with the current rural property system is that it is a hybrid system – a mix of China’s socialist past with significant changes toward a market-based future. This system marginalizes China’s farmers by creating insecurities in their legal rights to operate rural land and by systematically undervaluing that land. As a result, Chinese peasants are deprived of both the protections and …


Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle Jan 2007

Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle

Eric A. Engle

Greenmail denotes the decision by a corporation's board of directors to repurchase its shares that are held by a corporate raider, often at a significant premium, thereby keeping the board of directors in office. It may represent a conflict of interest between the corporation's shareholders and the board of directors. While greenmail is legal, 50% of greenmail gains are subject to taxation. This Article argues that greenmail has a healthy role in a competitive market economy.