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Regulation

2013

Law and Economics

University of Pennsylvania Carey Law School

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Full-Text Articles in Law

Competition Policy And The Scope Of Intellectual Property Protection, Herbert J. Hovenkamp Apr 2013

Competition Policy And The Scope Of Intellectual Property Protection, Herbert J. Hovenkamp

All Faculty Scholarship

This casebook differs from other IP/antitrust casebooks in that it considers sources of competition policy other than antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, the Digital Millenium Copyright Act (DMCA). The book is free for all to use and distribute, subject to restrictions contained in an open source license agreement printed in each chapter. Chapters will be updated frequently. The author uses this …


The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp Feb 2013

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …