Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appropriability (1)
- Argentina (1)
- Bankruptcy (1)
- Broadband access (1)
- Central bank (1)
-
- Copyright (1)
- Crisis containment (1)
- Economic emergency (1)
- Financial crisis (1)
- Financial regulation (1)
- Gold Clause (1)
- Great Depression (1)
- Henry Maine (1)
- Historical jurisprudence (1)
- IMF (1)
- Indonesia (1)
- Intellectual Property (1)
- Intellectual Property Law (1)
- James Coolidge Carter (1)
- Japan (1)
- Law and Economics (1)
- Macroprudential regulation (1)
- Patent (1)
- Savigny (1)
- Systemic crisis (1)
- Systemic risk (1)
- Tailoring (1)
- Uniformity Cost (1)
- Universal Service Fund (1)
- Universal service (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual …
'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman
'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman
Working Papers
In Roscoe Pound's scathing 1909 review of Law: Its Origin, Growth and Function, American jurist James Coolidge Carter's magnum opus, Pound asserted that Carter's conception of law "comes from Savigny through Sir Henry Maine." Frederich Karl von Savigny and Sir Henry Maine were the most prominent representatives of the German and English historical schools of jurisprudence, respectively. For his part, Carter was the leading representative of historical jurisprudence in the United States.
Other scholars, following Pound, have similarly linked Carter to Savigny and Maine, especially to the former. Moreover, various authors have noted the great effect these European jurists had …
Financial Crisis Containment, Anna Gelpern
Financial Crisis Containment, Anna Gelpern
Articles in Law Reviews & Other Academic Journals
This Article maps financial crisis containment - extraordinary measures to stop the spread of financial distress - as a category of legal and policy choice. I make three claims.
First, containment is distinct from financial regulation, crisis prevention and resolution. Containment is brief; it targets the immediate term. It involves claims of emergency, rule-breaking, time inconsistency and moral hazard. In contrast, regulation, prevention and resolution seek to establish sound incentives for the long term. Second, containment decisions deviate from non-crisis norms in predictable ways, and are consistent across diverse countries and crises. Containment invariably entails three kinds of choices: choices …
Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow
Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow
Articles in Law Reviews & Journals
This paper examines the current structure of universal service and the FCC’s Universal Service Fund, recent pushes to expand the definition of and funding for universal service to include broadband access, and how broadband internet can contribute to saving the ailing economy. The paper concludes by calling for the inclusion of broadband internet in the Universal Service Fund.
Current financial support for the Universal Service Fund is problematic in that only telecommunications carriers providing interstate services are required to contribute to the fund. The author maintains that the contribution base should be expanded to include companies providing broadband internet access. …