As the 2008 financial crisis spread globally, it became widely apparent that an essential ingredient to preventing future systemic crises was reform of the regulation of financial markets. Two ambitious initiatives for regulatory reform are the European Union's European System of Financial...

Starting with the framework of New Institutional Economics, this Comment examines the institutional arrangements of Chinese and U.S. governance, and then scrutinizes their respective policy responses to the financial collapse of 2008. The latent thesis is that, notwithstanding differences in...

This is an assessment of China and U.S. litigation against each other in the WTO from 2001 through 2010. It discloses the active and aggressive nature of litigation between these two countries. It indicates an almost flawless continuation of Bush era policies by the Obama administration. If...

This article examines two of the major water legal regimes in the Americas - that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen...

Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic...

This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO patents. We demonstrate several novel methods of...

As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent infringement provides two very different, but...

Judges wield discretion when ruling on all manner of legal and equitable issues. For centuries, judges have relied on their discretion when considering whether an equitable defense barred actions seeking legal relief. As part of that process, courts have incorporated many equitable defenses into...

Guaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise...

The United States Court of Appeals for the Federal Circuit currently reverses from one-third to nearly one-half of all patent claim construction decisions by the U.S. district courts. Because claim construction often determines the outcome of patent litigation, the high appellate claim...