Payment cards have been a perennial source of debate among economists. That debate received additional fodder in 2011 with passage of the Durbin Amendment, which targets debit card interchange fees. I assess the claim that the merchant side of the debit card payment platform has paid more than...

On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ericsson v. D-Link, providing substantial guidance to lower courts on how to calculate royalty rates for standard-essential patents (“SEPs”) encumbered by a commitment to license on reasonable and...

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...

Since the issue first emerged in the policy arena in the early 2000s, economists have been debating the meaning and implications of FRAND licensing commitments within cooperative technology standard setting organizations (SSOs). Today the issue is global, with scholars and policymakers in...

This paper has been accepted for publication in the Santa Clara University Computer & High Tech Law Journal. The vast majority of the products developed by the IT industry are technologically complex, incorporating hundreds or thousands of different components, and many of these components read...

To date, the majority of the debate surrounding a RAND licensing promise (for reasonable and non-discriminatory licensing) made in the context of standard setting has focused on what the "R" means; far less attention has been given to what is implied by the "ND". Not surprisingly, then, some...

Calls to radically change U.S. antitrust law continue to be a focus of law and policy makers. According to proponents of the proposed changes, drastic legislative amendments are necessary to remedy the (perceived) failures of current antitrust standards to prohibit anticompetitive conduct, in...

In this paper we summarize the motivations for enacting the Terrorism Risk Insurance Act (TRIA) and provide a brief description of its provisions. We then turn to the controversy over TRIA's extension. Multiple views over the role of government in terrorism insurance have been expressed in both...

In this paper, the authors trace the evolution of the literature on terrorism insurance from its beginnings in the post-World War II era through to the present debate over international terrorist events in the new millennium. As part of that review, they examine the efficacy of programs...