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It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...
Persistent link: https://www.econbiz.de/10012849654
This Article examines property law’s effect on economic inequality, particularly centered on Thomas Piketty’s findings … property law works to increase the rate of return on capital above economic growth. First, this Article begins by examining how … different aspects of property law work to increase the rate of return on capital. Second, this Article presents a way forward in …
Persistent link: https://www.econbiz.de/10013296986
This handbook chapter argues that part of the controversy over intellectual property stems from inadequacies in the … economic theory of property rights. Property is assumed in both law and economics and in New Institutional Economics to be any … cannot explain why society would grant property rights in information, as opposed to government rewards and the like. By …
Persistent link: https://www.econbiz.de/10014188875
provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly … predicts whether countries have similar property regimes, but does little to predict whether countries have similar antitrust …
Persistent link: https://www.econbiz.de/10012843750
On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...
Persistent link: https://www.econbiz.de/10012898047
This article discusses the potential impact of live streaming on the commercial sports industry and analyzes whether commercial sports enterprises have the legal power to stop live streaming of professional and collegiate sporting events. Part I of this article explores the history of live...
Persistent link: https://www.econbiz.de/10013003559
Property is more than domestic. It is international, transnational, and global. Its reach, its consequences, and its … ever evolving. Common law property is not neutral or ahistoric. It was formed in particular moments, and it benefits … particular constellations of power. Beginning with a history of several significant moments of property-related conflicts between …
Persistent link: https://www.econbiz.de/10013292435
ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and … by intellectual property (IP) law as it is currently structured. We advocate rethinking and reworking IP protection for …
Persistent link: https://www.econbiz.de/10013316080
property laws in 90 countries with at least one archaeological site on UNESCO's World Heritage List. It concludes that such …This Article addresses the question of whether cultural property laws, which require archaeological artifacts to remain …-sharing agreements, as economists would predict. The Article provides the first statistical analysis of cultural property laws' effect on …
Persistent link: https://www.econbiz.de/10012998692
focusing on the conditions under which the intellectual property agreements are made rather than on a facial reading of their …
Persistent link: https://www.econbiz.de/10014185199