Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System,
2017
University of Richmond School of Law
Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice
University of Richmond Law Review
No abstract provided.
I Share, Therefore It's Mine,
2017
Chapman University's Dale E. Fowler School of Law
I Share, Therefore It's Mine, Donald J. Kochan
University of Richmond Law Review
No abstract provided.
The Problem Of Creative Collaboration,
2017
William & Mary Law School
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
William & Mary Law Review
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive—but nonetheless underappreciated—tool for solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal law …
Origin And Impact Of Government Regulations,
2017
St. John's University School of Law
Origin And Impact Of Government Regulations, Joseph M. Fitzgerald
The Catholic Lawyer
No abstract provided.
Vow Of Poverty,
2017
St. John's University School of Law
Revenue Ruling 77-290,
2017
St. John's University School of Law
Integrated Auxiliaries, Regulations And Implications,
2017
St. John's University School of Law
Integrated Auxiliaries, Regulations And Implications, George E. Reed
The Catholic Lawyer
No abstract provided.
Vow Of Poverty Rulings And Update On Unrelated Business,
2017
St. John's University School of Law
Vow Of Poverty Rulings And Update On Unrelated Business, Charles M. Whelan
The Catholic Lawyer
No abstract provided.
The Retirement Strategy Of Supreme Court Justices: An Economic Approach,
2017
University of Connecticut
The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce
Honors Scholar Theses
Previous research has identified strategic behavior in the nomination, confirmation, and retirement processes of the Supreme Court, each independently. This paper analyzes the interaction between the justices, the president, and the Senate in these processes. I constructed a game theoretic model to consider the nomination and approval process of Supreme Court justices and the change in dynamics that might result from an impending election. I hypothesize that sitting justices take into account the party affiliations of the president and the Senate when they are deciding whether it is the optimal time to retire to achieve their own strategic objectives. The …
Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act,
2017
University of Miami Law School
Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act, Hannibal Travis
University of Miami Law Review
Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement during the twentieth century. An emerging area of litigation and scholarship, however, involves conspiracies by potential licensees of intellectual property to reduce or eliminate opportunities by a property’s holders to profit from it, or even to recoup their investments in creating and protecting it. The danger is that potential licensees will collude with one another to suppress royalties or sale prices. This Article traces the history of such litigation, provides an overview of the scholarly and theoretical arguments against monopsonistic or oligopsonistic collusion against licensors of intellectual property, and summarizes …
Defending The Restatement Of The Law, Liability Insurance: "Regulatory Considerations",
2017
University of Pennsylvania Law School
Defending The Restatement Of The Law, Liability Insurance: "Regulatory Considerations", Tom Baker, Kyle D. Logue
Law & Economics Working Papers
As the Restatement of the Law, Liability Insurance (“the Restatement”) has progressed through the rigorous drafting process of the American Law Institute (the “ALI”), insurance industry organizations have pursued an “inside and outside” strategy regarding the project. Insofar as we are aware of these efforts in our role as Reporters for the Restatement, the industry’s “inside” efforts have consisted of the invited participation of a liason to the project from the American Insurance Association, and communications to the Reporters from Advisers and ALI members who are knowledgeable about insurance industry concerns; and the “outside” efforts have consisted of lobbying of …
Marriage, Millennials, And Massive Student Loan Debt,
2017
Concordia University School of Law
Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman
Concordia Law Review
The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is an …
Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues,
2017
University of Miami Law School
Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp
University of Miami Business Law Review
No abstract provided.
Compensation For Expropriations In A World Of Investment Treaties: Beyond The Lawful/Unlawful Distinction,
2017
University of Michigan Law School
Compensation For Expropriations In A World Of Investment Treaties: Beyond The Lawful/Unlawful Distinction, Steven Ratner
Law & Economics Working Papers
When a state expropriates a foreign investment in violation of a bilateral or other treaty on investment protection and a foreign investor sues, where should a tribunal look for the standard of compensation -- to the amount specified in the treaty, to an external standard for violations of internationally law generally, or elsewhere? Investor-state tribunals have offered wildly different answers to this question, trapped in a paradigm set by the Permanent Court of International Justice ninety years ago that distinguishes between so-called lawful and unlawful expropriations. This article evaluates and criticizes the caselaw of tribunals and proposes a new framework …
Patent Venue Exceptionalism After Tc Heartland V. Kraft,
2017
University of Miami Law School
Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman
University of Miami Business Law Review
No abstract provided.
Fixing Forum Selling,
2017
University of Miami Law School
Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.
University of Miami Business Law Review
“Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.”
In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, …
Be Careful What You Wish For? Reducing Inequality In The 21st Century,
2017
University of Michigan Law School
Be Careful What You Wish For? Reducing Inequality In The 21st Century, Reuven S. Avi-Yonah, Orli Avi-Yonah
Law & Economics Working Papers
Stanford historian Walter Scheidel’s The Great Leveler: Violence and the History of Inequality from the Stone Age to the Twenty-First Century (Princeton Univ. Press, 2017), is, in some respects, the anti-Piketty. Scheidel accepts Piketty’s view that inequality tends to grow over time, but adds a crucial caveat that runs directly opposite to Piketty’s optimistic proposals. Scheidel argues that the historical record demonstrates that inequality can only be reduced by violent means. Therefore, the Piketty proposals to reduce inequality peacefully are unrealistic, and Scheidel concludes his book by arguing that we should accept inequality as the price of peace: “All of …
Law In Hiding: Market Principles In The Global Legal Order,
2017
Cornell Law School
Law In Hiding: Market Principles In The Global Legal Order, Odette Lienau
Cornell Law Faculty Publications
Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens” -- collective presentations or beliefs about how markets work -- which are treated as objective descriptions at a particular time and place. This Article argues that such market givens should be understood as a kind of “law in hiding,” shaping the policy space available to states and other actors and affecting global legal developments in important but unrecognized ways. Drawing on examples from global financial law, rules on capital mobility, and sovereign debt practices, I demonstrate how market …
What Is It Like To Be A Beetle? The Timelessness Problem In Gilson’S Value Creation Thesis,
2017
Suffolk University Law School
What Is It Like To Be A Beetle? The Timelessness Problem In Gilson’S Value Creation Thesis, Jeffrey M. Lipshaw
Suffolk University Law School Faculty Works
This is a contribution to the 2014 mini-symposium honoring the thirtieth anniversary of the publication of Ronald Gilson’s seminal article Value Creation by Business Lawyers. In it, he coined two powerful metaphors: that of lawyers as “transaction cost engineers” and as beetles studied by their entomologist brethren in the legal academy. As a former lawyer-beetle and a current academic-entomologist, I am quite sure that the transaction cost economics he used to explain value creation missed something important about the subjective and real world experience of being a lawyer-beetle. In this essay, I (a) summarize two different but significantly related critiques …
Exploiting The Poor: Housing, Markets, And Vulnerability,
2017
American University Washington College of Law
Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Matthew Desmond provocatively claims that landlords exploit poor tenants in his Pulitzer Prize winning book, Evicted: Poverty and Profit in the American City (2016). This essay celebrates Desmond's work and explores the exploitation claim, focusing on how landlords deliberately exploit vulnerable tenants and on forms of market-based exploitation.
