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Articles 1 - 15 of 15
Full-Text Articles in Law
The Impact Of Demographics, Consumer Behavior, And Government Regulations On The Real Estate Market, Center For Real Estate Law And Policy
The Impact Of Demographics, Consumer Behavior, And Government Regulations On The Real Estate Market, Center For Real Estate Law And Policy
Flyers 2016-2017
No abstract provided.
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
Articles
When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …
Regulation Of Emerging Risk, Matthew T. Wansley
Regulation Of Emerging Risk, Matthew T. Wansley
Articles
Why has the EPA not regulated fracking? Why has the FDA not regulated e-cigarettes? Why has NHTSA not regulated autonomous vehicles? This Article argues that administrative agencies predictably fail to regulate emerging risks when the political environment for regulation is favorable. The cause is a combination of administrative law and interest group politics. Agencies must satisfy high, initial informational thresholds to regulate, so they postpone rulemaking in the face of uncertainty about the effects of new technologies. But while regulators passively acquire more information, fledgling industries consolidate and become politically entrenched. By the time agencies can justify regulation, the newly …
Cost-Benefit Analysis As A Commitment Device, Matthew Wansley
Cost-Benefit Analysis As A Commitment Device, Matthew Wansley
Articles
Cost-benefit analysis does not age well. As scientific understanding of health, safety, and environmental risks accumulates over time — and as the technology to mitigate those risks becomes more affordable — the assumptions underlying a rule’s cost-benefit analysis obsolesce. Yet because of agency inaction, rulemaking ossification, and inattention to priority setting, outdated rules persist. In order to combat obsolescence, agencies should use cost-benefit analysis as a commitment device. When an agency analyzes a rule, it should precommit to subsequently adopting a more stringent rule than the one it initially promulgates, if and when a private actor credibly demonstrates that the …
Virtuous Capture, Matthew Wansley
Virtuous Capture, Matthew Wansley
Articles
A regulatory agency is captured if, instead of the public interest, it pursues the interests of powerful firms it is intended to regulate. Scholars disagree about which agencies are captured, how they become captured, and what reforms, if any, can prevent capture. There is consensus on one issue: capture is a vice.In this Article, I argue that capture can be a virtue. When powerful interest groups thwart justified regulation, the optimal strategy for pursuing that regulation may be to indirectly empower interest groups that stand to profit from it in the long-run. Legislation creating new interest groups — or altering …
Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Articles
No abstract provided.
Satellite Transponders And Free Expression, Monroe Price
Satellite Transponders And Free Expression, Monroe Price
Articles
No abstract provided.
Rulemaking, Michael Herz
Rulemaking, Michael Herz
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Articles
No abstract provided.
The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price
The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price
Articles
No abstract provided.
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Articles
No abstract provided.
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Articles
No abstract provided.
The 1984 Cable Act: Prologue And Precedents, Daniel L. Brenner, Monroe E. Price
The 1984 Cable Act: Prologue And Precedents, Daniel L. Brenner, Monroe E. Price
Articles
No abstract provided.
Taming Red Lion: The First Amendment And Structural Approaches To Media Regulation, Monroe E. Price
Taming Red Lion: The First Amendment And Structural Approaches To Media Regulation, Monroe E. Price
Articles
This Article will sketch the shift in emphasis from regulation of content to regulation of structure and suggest the emerging first amendment guidelines that might influence the government, the industry and public attitudes in the next few years.