According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling...

Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...

The main contents of this paper were presented at the 17th ASCOLA Annual Conference held in Porto, Portugal from June 30 to July 2, 2022. Slides are available at https://bit.ly/3JKdgUPDespite recent changes in legislative trends and enforcement practices to favor more regulatory and...

Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...

An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax...

This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best...

Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view...

Musical copyright has been the subject of collective rights management in Singapore for decades, conducted by what are known as collective management organisations (“CMOs”). Whereas CMOs serve the public interest by facilitating protection of copyright, they unfortunately exist in a legal...

The Internet has devalued content to the point where it is often offered at no charge — newspapers, for instance — or widely misappropriated, as with music and movies. Either way, many people expect much of their content to be free. Why is this, how did it happen, and, focusing on music and...

Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the debates over how to mediate these interfaces often view each interface as a special case...