Economics

W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents

Abstract High tech companies—especially in the emerging areas of the Internet of Things, wearable devices, and personalized medicine—have found it difficult to enforce their patents on interactive technologies. Enforcement is especially difficult when multiple parties combine to perform all of the steps of a claimed method, which is referred to as joint or divided infringement. […]

Katrina M. Wyman & Nicholas R. Williams, Migrating Boundaries

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular […]

Alan M. White & Carolina Reid Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis

Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? The 2007–2012 financial crisis provides a unique opportunity to assess whether bankruptcy can help homeowners avoid the negative consequences of over-indebtedness and mortgage default. This empirical study analyzes a large, loan-level mortgage dataset to determine which […]

Thomas J. Horton, Robert H. Lande, & Virginia Callahan APPENDIX

This appendix compares the quality of the investigatory and local journalism contained in “old media” with that contained in “new media” by using the metrics the journalism industry itself uses. We ascertain which type of media has won most of the journalism awards in the years since these awards became open to the new media. […]

Brett McDonnell, Dampening Financial Regulatory Cycles

Financial regulation should be countercyclical, strengthening during speculative booms to contain excessive leverage and loosening following crises so as to not limit credit extension in hard times. And yet, financial regulation in fact tends to be procyclical, strengthening following crises and loosening during booms. This Article considers competing descriptive and normative analyses of that procyclical tendency. All of the models and […]

Thomas J. Horton & Robert H. Lande, Should the Internet Exempt the Media Sector From the Antitrust Laws?

Suppose the twenty largest traditional news media companies in the United States, including the Wall Street Journal, New York Times, Washington Post, ABC, NBC, CBS, Fox, and CNN, announced the merger of their news operations. They would likely claim that this merger would result in tremendous cost savings by eliminating duplicative news gathering expenses. They would be correct. They […]