LSN: Law & Economics: Private Law (Topic)最新文献_第4页

3D Printing and US Copyright Law 3D打印和美国版权法

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-10-26 DOI: 10.2139/SSRN.2859737

Peter S. Menell, Ryan G. Vacca

{"title":"3D Printing and US Copyright Law","authors":"Peter S. Menell, Ryan G. Vacca","doi":"10.2139/SSRN.2859737","DOIUrl":"https://doi.org/10.2139/SSRN.2859737","url":null,"abstract":"This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same challenges encountered by other content industries whose works were disrupted by the digital revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition that affords courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of business strategies available for confronting appropriability challenges. Thus, this article surveys the 3D printing terrain on three levels: (I) copyrightability of CAD files and 3D objects; (II) enforcement challenges; and (III) business strategies. The ultimate governance regime will depend upon the business strategies that copyright owners and disruptive businesses pursue, the extent to which courts adapt copyright doctrines to new and unforeseen challenges, and the Copyright Office’s exemptions under the DMCA’s anti-circumvention provisions.","PeriodicalId":162065,"journal":{"name":"LSN: Law & Economics: Private Law (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132934004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

VAT in the GCC - Missing Trader Frauds 增值税在海湾合作委员会-失踪的贸易欺诈

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-08-08 DOI: 10.2139/SSRN.2820091

R. T. Ainsworth, Musaad Alwohaibi

引用次数: 0

State Capitalism in Cuba: The Lessons of the Literature on State Owned Enterprises and Market Liberalization 古巴的国家资本主义:国有企业与市场自由化文献的启示

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-07-29 DOI: 10.2139/ssrn.2816193

D. Sokol

引用次数: 0

Representations and Warranties: Why They Did Not Stop the Crisis 陈述和保证:为什么他们没有阻止危机

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-07-07 DOI: 10.2139/SSRN.2787307

P. McCoy, Susan M. Wachter

{"title":"Representations and Warranties: Why They Did Not Stop the Crisis","authors":"P. McCoy, Susan M. Wachter","doi":"10.2139/SSRN.2787307","DOIUrl":"https://doi.org/10.2139/SSRN.2787307","url":null,"abstract":"During the run-up to the 2008 financial crisis, representations and warranties (contractual statements enforceable through legal action) may have given investors false assurance that mortgage loans were being properly underwritten. This assurance in turn may have contributed to overinvestment in mortgage-backed securities in two ways. First, the assumption that legally enforceable penalties associated with reps and warranties would deter lax underwriting may have led to less monitoring of these contracts than would otherwise have occurred. In turn, the lack of monitoring of actual underwriting practices enabled the spread of lax lending practices. The existence of these reps and warranties and the potential penalties associated with them did not deter lax underwriting. Paradoxically, after the fact, the reps and warranties were enforced and this enforcement contributed to a tightening of credit beyond historic norms. Post-crisis, lenders’ fears over put-back exposure caused them to scale back, particularly on government lending to creditworthy borrowers. The reps and warranties as used in mortgage lending in the run-up to the crisis were part of the procyclicality of lending, both in the easing and tightening phases of the lending cycle. We suggest reforms to add to the deterrent value of reps and warranties. Particularly we suggest a shift to the countercyclical techniques including dynamic provisioning to increase the in terrorem effect of representations and warranties. Nonetheless such changes would be useless unless they were adopted throughout the lending industry, otherwise, just those entities with risky practices would increase their market share. And next time such entities are more likely to be thinly capitalized, as the lesson of capital exposure to legal risk has been learned, thus further reducing the deterrence effect of reps and warranties, going forward.","PeriodicalId":162065,"journal":{"name":"LSN: Law & Economics: Private Law (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124601437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Using the West Key Number System as a Data Collection and Coding Device for Empirical Legal Scholarship: Demonstrating the Method Via a Study of Contract Interpretation 运用西键数字系统作为实证法学研究的数据收集和编码工具:以合同解释为例的方法论证

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-06-29 DOI: 10.2139/SSRN.2662613

Joshua M. Silverstein

{"title":"Using the West Key Number System as a Data Collection and Coding Device for Empirical Legal Scholarship: Demonstrating the Method Via a Study of Contract Interpretation","authors":"Joshua M. Silverstein","doi":"10.2139/SSRN.2662613","DOIUrl":"https://doi.org/10.2139/SSRN.2662613","url":null,"abstract":"Empirical research is an increasingly important type of legal scholarship. Such research generally requires the collection and coding of large quantities of data. These tasks pose critical challenges for legal scholars. Most crucially, they are often resource-intensive. The primary purpose of this article is to explain how researchers can use the West Key Number System to dramatically streamline the process of data collection and coding. The article accomplishes this, in part, through a demonstration by employing the Key Number System to conduct an empirical study of contract interpretation. Contract interpretation is one of the most significant areas of commercial law. And the subject has received considerable scholarly attention during the last decade. Virtually all academic work in this field is doctrinal or theoretical. But numerous contract interpretation issues cry out for empirical investigation. The secondary purpose of this article is to test one of the central claims in the judicial and academic debate over the optimal method of contract interpretation — the claim that the “contextualist” approach to interpretation results in more litigation over the meaning of contracts than does the “textualist” approach. The results of the study set forth below are inconsistent with that thesis. By thirteen of fourteen measures, there was no statistically significant difference in the amount of interpretation litigation between textualist and contextualist regimes. And for the fourteenth measure, while there was a statistically significant difference, the result was the opposite of that predicted by textualist theory: there was more litigation under textualism.","PeriodicalId":162065,"journal":{"name":"LSN: Law & Economics: Private Law (Topic)","volume":"82 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120873124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Liability of the Public Administration Arising from Custody in the Italian Legal System: A Law & Economics Perspective 意大利法律体系中因羁押而产生的公共行政责任:一个法律经济学的视角

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-06-15 DOI: 10.2139/ssrn.2796006

Enrico Baffi, D. Nardi

引用次数: 0

A Talmudic Bankruptcy Solution: The CCC Principle 塔木德的破产解决方案:CCC原则

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-03-21 DOI: 10.2139/ssrn.2752320

V. Fon

{"title":"A Talmudic Bankruptcy Solution: The CCC Principle","authors":"V. Fon","doi":"10.2139/ssrn.2752320","DOIUrl":"https://doi.org/10.2139/ssrn.2752320","url":null,"abstract":"Following a bankruptcy, how should we distribute the available assets among the eligible creditors? Most people would accept a proportional distribution — for each claimant, calculate her percentage of the sum of all claims and assign her that same percentage of total assets. However, this is not the only reasonable approach. For example, if every claim is at least as large as total assets, assigning an equal share to every creditor is a sensible solution. Three numerical bankruptcy examples for three claimants, discussed 2,000 years ago in the Talmud, coincide with the above two approaches, but the third case remained a puzzle until recently when modern game theory (Aumann and Maschler, 1985) was enlisted to demystify all cases. This paper explains the unifying principle, the Contested-Claim Consistency principle (CCC, or CG-Consistent principle), behind the Talmudic examples. Importantly, it uses different means to better understand the logic behind the CCC bankruptcy allocations and points out the subtle yet important properties behind them. This study aims to clarify the meaning of fairness underlying the CCC allocation, and proposes that CCC may better convey the meaning of the pari passu provision that appears in many International Sovereign Debt Instruments.","PeriodicalId":162065,"journal":{"name":"LSN: Law & Economics: Private Law (Topic)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131972166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Puerto Rico: Of Capital Structures, Control Rights and Liquidity 波多黎各:资本结构、控制权和流动性

LSN: Law & Economics: Private Law (Topic) Pub Date : 2016-01-04 DOI: 10.1093/CMLJ/KMW005

R. K. Rasmussen

引用次数: 0

The Fatality and Morbidity Components of the Value of Statistical Life 统计生命价值的病死率和发病率成分

LSN: Law & Economics: Private Law (Topic) Pub Date : 2015-11-03 DOI: 10.2139/ssrn.2572629

Elissa Philip Gentry, W. Viscusi

引用次数: 45

Privacy and Markets: A Love Story 隐私与市场:一个爱情故事

LSN: Law & Economics: Private Law (Topic) Pub Date : 2015-08-06 DOI: 10.2139/SSRN.2640607

Ryan Calo

{"title":"Privacy and Markets: A Love Story","authors":"Ryan Calo","doi":"10.2139/SSRN.2640607","DOIUrl":"https://doi.org/10.2139/SSRN.2640607","url":null,"abstract":"Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy because privacy inhibits the market by allowing people to hide useful information. Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.This mutual and longstanding hostility obscures the significant degree to which privacy and markets assume and rely upon one another in order to achieve their respective ends. For example, in a world without privacy, traditional market criteria such as price and quality can be overwhelmed by salient but extraneous information such as the political or social views of market participants. Meanwhile, imagine how much a government must know about its citizens to reject markets and distribute resources according to the maxim “from each according to his ability, to each according to his need.”Conceiving of privacy and markets as sympathetic helps justify or explain certain legal puzzles, such as why the Federal Trade Commission — an agency devoted to free and open markets and replete with economists — has emerged as the de facto privacy authority in the United States. The account also helps build a normative case for political and other laws that enforce a separation between market and other information.","PeriodicalId":162065,"journal":{"name":"LSN: Law & Economics: Private Law (Topic)","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122493156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13