Fair Use and Its Politics – At Home and Abroad
The manuscript explores how U.S. fair use – a “standard” in a world of statutory copyright rules – has become an arena of ideological struggle over IP policy. At the [...]
Policy Levers in Patent Law
The patent statute creates a general set of legal rules that govern a wide variety of technologies. With only a few exceptions, the statute does not distinguish between different technologies [...]
Copyright and Distributive Justice
Is our copyright system basically fair? Does it exacerbate or ameliorate the skewed distribution of wealth in our society? Does it do anything at all for disempowered people, people at [...]
The Effects of Competition in Consumer Credit Market
This paper finds that banks and non-banks respond differently to increased competition in consumer credit markets. Increased competition and the greater threat of failure induces banks to specialize more in [...]
Coming in from the Cold: A Safe Harbor from the CFAA and the DMCA §1201 for Security Researchers
We propose a statutory safe harbor from the CFAA and DMCA §1201 for security research activities. Based on a responsible disclosure model in which a researcher and vendor engage in [...]
The Basics Matter: At the Periphery of Intellectual Property
Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the [...]
Dynamism Diminished: The Role of Housing Markets and Credit Conditions
The Great Recession and its aftermath saw the worst relative performance of young firms in at least 35 years. More broadly, as we show, young-firm activity shares move strongly with [...]
Deposit Market Power, Funding Stability and Long-Term Credit
This paper shows that banks raising deposits in more concentrated markets have more funding stability, which enhances banks’ ability to extend longer-maturity loans. We show that banks raising deposits in [...]
The Football as Intellectual Property Object
The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual [...]
Options to Enhance Occupational License Portability
Nearly 30 percent of American jobs require a license today, up from less than five percent in the 1950s. For some professions, occupational licensing is necessary to protect the public [...]