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Articles 1 - 6 of 6
Full-Text Articles in Law
Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole
Faculty Scholarship
This short piece examines changes from prior drafts in the most recent draft (Preliminary Draft No. 6) of the American Law Institute's project on sexual assault law.
The Law Of The Platform, Orly Lobel
The Law Of The Platform, Orly Lobel
Faculty Scholarship
New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …
Regulatory Entrepreneurship, Jordan M. Barry, Elizabeth Pollman
Regulatory Entrepreneurship, Jordan M. Barry, Elizabeth Pollman
Faculty Scholarship
Numerous corporations, ranging from Airbnb to Tesla, and from DraftKings to Uber, have built huge businesses that reside in legal gray areas. Instead of taking the law as a given, these companies have become agents of legal change, focusing major parts of their business plans on changing the law. To achieve their political goals, these companies employ conventional lobbying techniques, but also more innovative tactics. In particular, some attempt to enter markets quickly, then grow too big to ban before regulators can respond. If regulators do take aim at them, they respond by mobilizing their users for political support. This …
Art Resale Royalty Options, Herbert I. Lazerow
Art Resale Royalty Options, Herbert I. Lazerow
Faculty Scholarship
A federal resale royalty law that would require payments from the reseller of art to an artist when her work is resold is under consideration. This article analyzes provisions that might be contained in such a law with comparisons to Australia, England, France and California. It begins by pointing out that these payments can be conceptualized as either a substitute for copyright royalties or for the profits of a joint venture between the artist and the collector. It analyzes the kinds of artwork on which a resale royalty should be payable, with specific attention to multiples, crafts, antiques and wine. …
Consent Does Not Require Communication: A Reply To Dougherty., Larry Alexander
Consent Does Not Require Communication: A Reply To Dougherty., Larry Alexander
Faculty Scholarship
No abstract provided.
Do Religious Exemptions Save?, Maimon Schwarzschild
Do Religious Exemptions Save?, Maimon Schwarzschild
Faculty Scholarship
No abstract provided.