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Articles 1021 - 1050 of 1256
Full-Text Articles in Comparative and Foreign Law
The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren
UIC John Marshall Journal of Information Technology & Privacy Law
In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …
Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States, 15 J. Marshall Rev. Intell. Prop. L. 228 (2016), Daria Kim
UIC Review of Intellectual Property Law
The article addresses specifics of trade secret protection under international investment law. As a particular example, it analyzes protection of pharmaceutical regulatory data against the background of the growing public policy campaign for broader access to clinical trial data and the recent unprecedented practice of the European Medicines Agency of disclosing clinical dossiers submitted for drug marketing approval. Given the significant role of foreign direct investment in the global pharmaceutical industry and substantial, exponentially increasing costs incurred by drug originator companies in conducting clinical trials, the prospect of investor-state dispute over data disclosure does not appear purely hypothetical. The question …
The Examination Effect: A Comparison Of The Outcome Of Patent Examination In The Us, Europe And Australia, 16 J. Marshall Rev. Intell. Prop. L. 21 (2016), Andrew Christie, Chris Dent, John Liddicoat
The Examination Effect: A Comparison Of The Outcome Of Patent Examination In The Us, Europe And Australia, 16 J. Marshall Rev. Intell. Prop. L. 21 (2016), Andrew Christie, Chris Dent, John Liddicoat
UIC Review of Intellectual Property Law
The article provides an answer to a question that, rather surprisingly, has not been addressed in the academic literature to date: What is the practical effect of patent examination? It does so by undertaking an empirical analysis of the examination of nearly 500 patent applications, filed in identical form, in three patent offices: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Australian Patent Office (APO). By comparing the form of claim 1 as granted with claim 1 in the patent application, we can identify whether there is any meaningful difference between the two …
Formalism And Functionalism In Antitrust Treatment Of Loyalty Rebates: A Comparative Perspective, Daniel A. Crane
Formalism And Functionalism In Antitrust Treatment Of Loyalty Rebates: A Comparative Perspective, Daniel A. Crane
Articles
It is a widely held belief that U.S. antitrust law has long been characterized by economic functionalism and that European antitrust law has long been characterized by legal formalism.' The received wisdom began to change in Europe a decade ago when the Directorate General Competition of the European Commission (DG Comp) began to advocate a more "effects-based" analysis of abuse of dominance. Two factors arguably contributed to this change. First, the DG Comp became increasingly influenced by economists who had little use for the old formalism. Second, as Europe trie to spread antitrust to developing antitrust regimes across the world-and, …
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Cardozo Journal of International and Comparative Law
The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.
Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked
Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked
Seattle University Law Review
This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development. …
Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant
Georgia Journal of International & Comparative Law
No abstract provided.
United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis
United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis
Georgia Journal of International & Comparative Law
No abstract provided.
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Georgia Journal of International & Comparative Law
No abstract provided.
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik
Georgia Journal of International & Comparative Law
No abstract provided.
Balance And Team Production, Kelli A. Alces
Balance And Team Production, Kelli A. Alces
Seattle University Law Review
For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able …
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
Seattle University Law Review
We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that …
The Team Production Model As A Paradigm, Brian R. Cheffins
The Team Production Model As A Paradigm, Brian R. Cheffins
Seattle University Law Review
Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law theories and …
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Seattle University Law Review
In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives for the …
Team Production & The Multinational Enterprise, Virginia Harper Ho
Team Production & The Multinational Enterprise, Virginia Harper Ho
Seattle University Law Review
Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as a “mediating …
Hostile Takeovers And Overreliance, Anthony Niblett
Hostile Takeovers And Overreliance, Anthony Niblett
Seattle University Law Review
Commentators have argued that employees should be compensated in the event of a hostile takeover; otherwise, the threat of such a takeover will fail to incentivize firm-specific investments by employees. Such deferred compensation is analogous to the payment of damages following a breach of contract. The analogous breach, here, is the breach of an implicit contract between management and employees. Employees trusted management to compensate them for firm-specific investments not explicitly contracted for. This Article uses a familiar result from the contract law literature: There is no measure of damages for breach of contract that can generate both efficient breach …
Buying Teams, Andres Sawicki
Buying Teams, Andres Sawicki
Seattle University Law Review
The Sixth Annual Berle Symposium reflects on Margaret Blair and Lynn Stout’s classic article: A Team Production Theory of Corporate Law. Blair and Stout recast the modern law of public corporations through the lens of the team production theory of the firm. Here, I apply Blair and Stout’s insights—emphasizing the value of team production, independent monitors, and intellectual property rights—to a novel corporate transaction structure: the acqui-hire. In an acqui-hire, a publicly owned technology firm wants to add a start-up’s engineers. Instead of simply hiring them, though, it buys the start-up, discards most of its assets, and retains the start-up’s …
Team Production And Securities Laws, Urska Velikonja
Team Production And Securities Laws, Urska Velikonja
Seattle University Law Review
In the seminal paper that this symposium celebrates, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout made two related points. First, that Delaware law does not require shareholder primacy in public corporations. Rather, the broad deference afforded to the decisions of predominantly independent corporate boards of directors is consistent with a contrary theory, that of team production, or, as they call it, “the mediating hierarch” theory. The fundamental role of the board of directors is to mediate between the interests of various stakeholders that contribute to the corporation’s output. As a result, Delaware courts have repeatedly …
With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum
With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum
Seattle University Law Review
Social entrepreneurship has become the popular term used to describe business forms that aim to produce profits while also seeking to significantly advance one or more social or environmental goals. In response to an increase in social entrepreneurship across sectors—from progressive industries like organic farming to conservative industries such as insurance and banking—several states have adopted new corporate governance structures. Such legislation allows incorporating businesses to choose an off-the-shelf formation type that embeds a social mission into its legal structure. The bulk of the newly implemented statutory forms provide not only a new framework for social entrepreneurs to work within, …
Boards Of Directors As Mediating Hierarchs, Margaret M. Blair
Boards Of Directors As Mediating Hierarchs, Margaret M. Blair
Seattle University Law Review
In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket chain into …
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke
Seattle University Law Review
In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders. The …
The Agency Cost Paradigm: The Good, The Bad, And The Ugly, Claire A. Hill, Brett H. Mcdonnell
The Agency Cost Paradigm: The Good, The Bad, And The Ugly, Claire A. Hill, Brett H. Mcdonnell
Seattle University Law Review
In the “managerialist” world that preceded our present shareholder value world, some corporate managers could, and did, help themselves when they should have been doing their jobs. The modern agency cost paradigm has focused attention on this problem, in part by conceptualizing the duty of corporate managers as maximizing shareholder value. This paradigm has had a variety of effects: some good, some bad, and some ugly. The agency cost paradigm has had a good effect by focusing on the problem of managerial enrichment and providing a simple, clear benchmark—shareholder value-- that may quickly indicate when managers are performing badly. However, …
A Theory Of The Just Corporation, Ronit Donyets-Kedar
A Theory Of The Just Corporation, Ronit Donyets-Kedar
Seattle University Law Review
In their seminal article A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout hold that the modern corporation is best understood in terms of team production. Challenging the principal–agent model, Blair and Stout offer an analysis that considers the various stakeholders of the corporation as members of a team. Accordingly, they suggest, the purpose of corporate law is to provide a response to the problems created by collective production processes, in particular those pertaining to the distribution of profits stemming from the cooperation. According to Blair and Stout, the solution to this problem is to be found …
Team Production Theory And Private Company Boards, Elizabeth Pollman
Team Production Theory And Private Company Boards, Elizabeth Pollman
Seattle University Law Review
In their path-breaking article, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout provided a new theory of the board of directors in a corporation. Drawing on the economic theory of team production, Blair and Stout argued that the board of directors serves as a mediating hierarchy for the firm as a whole, encouraging firm-specific investments from team members and reducing shirking and opportunistic behavior. While Blair and Stout provided a dramatically different view of the corporation from the conventional principal-agent account, they also delineated limitations to their proposed theory. Most importantly, they suggested that the …
The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form, Lynn A. Stout
The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form, Lynn A. Stout
Seattle University Law Review
This Symposium Article argues that the board-controlled corporation can be understood as a legal innovation that historically has functioned as a means of transferring wealth forward and sometimes backward through time, for the benefit of present and future generations. In this fashion the board-controlled corporation promotes both intergenerational equity and intergenerational efficiency. Logic and evidence each suggest, however, that the modern embrace of “shareholder value” as the only corporate objective and “shareholder democracy” as the ideal of corporate governance is damaging the corporate form’s ability to serve this economically and ethically important function.
Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin
Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin
Seattle University Law Review
The foreclosure crisis has lingered despite the improving economy. To alleviate this crisis, the U.S. government implemented the Home Affordable Mortgage Program (HAMP), a Treasury-sponsored initiative that aims to prevent foreclosure by encouraging mortgage loan servicers to modify the mortgages of qualified homeowners. The Treasury Department has extended HAMP multiple times—from its original ending date in 2013 to its present ending date in 2016. While HAMP has indeed helped homeowners avoid foreclosure, the program has spawned an array of litigation as servicer misconduct runs rampant. As the Ninth Circuit recently noted, “the [HAMP] program seems to have created more litigation …
Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia
Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia
Seattle University Law Review
America’s entertainment industry, and the creative talent that drives it, is a national treasure. Equally valuable, however, is America’s drive and commitment toward technological innovation. These two sectors have been in tension since at least 1908, when the U.S. Supreme Court was asked to determine whether the makers of piano rolls for automatically playing pianos had to pay royalties to the composers. Since that time, the entertainment industry has continued to use copyright law to resist advances in technological innovation that it views as a threat to its existing business models. This Note seeks to provide the necessary context and …
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Seattle University Law Review
In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …