Monthly Archives: April, 2015

Stephen Maurer, ‘The Economics of Memory: How Copyright Decides Which Books Do (and Don’t) Become Classics’

Abstract: Legal scholars usually analyze copyright as an incentive and sometime obstacle to creation. This encourages us to see publishers as middlemen who siphon off rents that would be better spent on authors. By comparison, recent social science research emphasizes that word-of-mouth markets are highly imperfect. This means that many deserving titles will never find […]

Brian Sloan, ‘Adult Social Care and Property Rights’

Abstract: This paper arises out of the project on adult social care and property rights that the author began at the Centre for Research in the Arts, Social Sciences and Humanities (CRASSH) in Cambridge. It assesses the possible impact of the Care Act 2014 on the provision of social care for elderly and disabled adults […]

Duffy and Hynes, ‘Statutory Domain and the Commercial Law of Intellectual Property’

Abstract: For more than a century, the commercial law of intellectual property has generated intense controversy with ever-growing stakes. The central fulcrum in the area – the ‘first-sale’ or ‘exhaustion’ doctrine – has produced four recent Supreme Court cases, a host of lower court decisions, and a mountain of scholarly criticism. Scholars who otherwise agree […]

Richard Ausness, ‘When is a Trust Protector a Fiduciary?’

Abstract: The use of trust protectors has become increasingly popular in the past twenty years. This is largely due to the fact that settlors can use trust protectors to provide more flexibility in trust management, especially for long-term trusts. However, the use of trust protectors is not without some risk. First of all, the legal […]

Čerkaa, Grigienėa and Sirbikytėb, ‘Liability for damages caused by artificial intelligence’

Abstract: The emerging discipline of Artificial Intelligence (AI) has changed attitudes towards the intellect, which was long considered to be a feature exclusively belonging to biological beings, ie homo sapiens. In 1956, when the concept of Artificial Intelligence emerged, discussions began about whether the intellect may be more than an inherent feature of a biological […]

Alexei Alexandrov, ‘Making Firms Liable for Consumers’ Mistaken Beliefs: Theoretical Model and Empirical Applications to the US Mortgage and Credit Card Markets’

Abstract: Firms may have better information about consumers’ prospects after purchase or contract or about the effective terms of the purchase/contract than consumers themselves do. Many firms also have the ability to shrink the gap between consumers’ beliefs and the effective terms of purchase/contract, either by adjusting consumers’ beliefs about the effective terms or by […]

Guerra and Pi, ‘Tort Law for Robots’

Abstract: Increasingly, we are seeing machines replace humans not only in the realm of mundane, strenuous, and dangerous physical activities, but also in forming judgments and selecting choices. Whereas machines were formerly extensions of human operators, recent technological developments now allow machines to operate autonomously, with little or no human guidance. In this paper, we […]

Kateřina Peterková Mitkidis, ‘Using Private Contracts for Climate Change Mitigation’

Abstract: Regulation of climate change is caught up in a stalemate. Differences between developed and developing countries prevent reaching an international agreement. Transnational private regulation has unclear legitimacy, effectiveness and enforcement. National efforts are valuable, but their limited geographical reach creates incentives for companies to outsource environmentally heavy activities to countries with weaker regimes, the […]

Bryan Choi, ‘A Prospect Theory of Privacy’

Abstract: Privacy law has languished for decades while the other information law doctrines have flourished. This paradox can be explained by the relative weight assigned respectively to moral argument versus economic argument. Privacy law is unique in that it continues to be steered foremost by moral intuition. What qualifies as a ‘violation’ of privacy is […]

DeVito and Jurs, ‘An Overreaction to a Nonexistent Problem: Empirical Analysis of Tort Reform from the 1980s to 2000s’

Abstract: Proponents of tort reform have suggested it is a necessary response to rising personal injury litigation and skyrocketing insurance premiums. Yet the research into the issue has mixed results, and the necessity of tort reform has remained unproven. We decided to research an underdeveloped area by empirically testing the real world effects of noneconomic […]