Articles

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Copyright Backlash, Southern California Law Review (2011)

In the past decade the entertainment industry has waged a legally very successful campaign against...

 

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Fair Trespass, Columbia Law Review (2011)

Trespass law is commonly presented as a relatively straightforward doc- trine that protects landowners against...

 

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Technology & Torts: A Theory of Memory Costs, Nondurable Precautions and Interference Effects, International Review of Law & Economics (2011)

This Article examines the influence of nondurable precaution technologies on the expansion of tort awards....

 

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Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements, Cornell Law Review (2010)

Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from...

 

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Tort Law and Probabilistic Litigation: How to Apply Multipliers to Address the Problem of Negative Value Suits, International Review of Law & Economics (2010)

This Article advances a proposal that brings to life valuable lawsuits that litigation costs currently...

 

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Technology & Uncertainty: The Shaping Effect on Copyright Law, University of Pennysylvania Law Review (2009)

This Article examines the symbiotic relationship between copyright law and technology. I describe how an...

 

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Putting Humpty Dumpty Back Together: Pricing in Anticommons Property Arrangements (with Sven Vanneste), Journal of Law, Economics and Public Policy (2007)

Recently, a new theory has drawn considerable attention in the literature on common property. A...

 

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Duality in Property: Commons and Anticommons (with Norbert Schulz and Francesco Parisi), International Review of Law and Economics (2006)

Commons and Anticommons problems are the consequence of symmetric structural departures from a unified conception...

 

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From 'Tragedy' to 'Disaster': Welfare Effects of Commons and Anticommons Dilemmas (with Sven Vanneste, Francesco Parisi, and Alain Vanhiel), International Review of Law and Economics (2006)

In this paper, we explore the alleged symmetry between commons and anticommons dilemmas. Our experimental...

 

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Horizontal Political Externalities: the Supply and Demand of Disaster Management, Duke Law Journal (2006)

This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side...

 

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Norms and Enforcement: The Case against Copyright Litigation, Oregon Law Review (2006)

Drawing on socio-psychological literature and new data from an empirical study, this Article posits that...

 

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Fair Use and Copyright Protection: A Price Theory Explanation (with Francesco Parisi), International Review of Law and Economics (2005)

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly...

 

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Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition (with Francesco Parisi), George Mason Law Review (2005)

In this article we analyze the expected effects of regulatory overlap in European competition law...

 

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Whistle Blowing (with Jef De Mot), Supreme Court Economic Review (2004)

For law enforcement purposes corruption and fraud are hard battles. Because of the highly secretive...

 

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The Several Lives of Mickey Mouse: The Expanding Boundaries of Intellectual Property Law, Virginia Journal of Law & Technology (2004)

This article develops a theory of legal evolution that links private property right allocations in...

 

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Simultaneous and Sequential Anticommons (with Francesco Parisi and Norbert Schulz), European Journal of Law and Economics (2004)

This paper defines a framework for anticommons analysis based on the fragmentation of property rights....

 

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Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes (with Francesco Parisi), Global Jurist Frontiers (2003)

This Article argues that recent developments in economic theory provide a new rationale for the...

 

Contributions to Books

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The Market for Copyrights: The Price Theory of Copyright Collectives (with Francesco Parisi), THE ECONOMICS OF COPYRIGHT: DEVELOPMENTS IN RESEARCH AND ANALYSIS (2003)

This paper applies a model of complementary oligopoly and anticommons pricing to the market for...