Publications
Network Neutrality and the False Promise of Zero-Price Regulation
[DRAFT]
April 2008
This Article examines zero-price regulation, the major distinguishing feature of modern network neutrality proposals compared to traditional regulation of infrastructure industries. A zero-price rule prohibits a broadband Internet access provider from charging a content provider to send information to consumers. The Article differentiates two access provider strategies thought to justify a… more »
On Copyright's Authorship Policy
[DRAFT]
May 2007
It has long been the stated aspiration of copyright to make authors the masters of their own destiny. Yet more often than not, the real subject of American copyright is distributors, book publishers, record labels, broadcasters, and others, who control the rights, bring the lawsuits, and take copyright as their industries’… more »
Drug Patent Settlements Between Rivals: A Survey
[DRAFT]
March 2007
This survey provides a detailed account of patent settlements reached between innovator drug companies and their generic rivals over the past fourteen years, and the antitrust suits and investigations initiated in response. Twenty-nine settlements of patent litigation involving twenty drugs fall within the scope of the study. Three basic patterns emerge… more »
A Brief History of American Telecommunications Regulation
February 2007
While the history of governmental regulation of communication is at least as long as the history of censorship, the modern regulation of long-distance, or “tele,” communications is relatively short and can be dated to the rise of the telegraph in the mid-19th century. The United States left the telegraph in private… more »
Wireless Net Neutrality: Cellular Carterfone on Mobile Networks
February 2007
Over the next decade, regulators will spend increasing time on the conflicts between the private interests of the wireless industry and the public’s interest in the best uses of its spectrum. This report examines the practices of the wireless industry with an eye toward understanding their influence on innovation and consumer… more »
China's Network Justice
[DRAFT]
January 2007
This article, the product of extensive interviews across China, asks the following question: What has China’s internet revolution meant for its legal system? What does cheaper if not free speech mean for Chinese judges?… more »
Keeping the Internet Neutral?: Christopher S. Yoo and Timothy Wu Debate
January 2007
Network neutrality has emerged as one of the highest profile issues in telecommunications and Internet policy last year. Not only did it play a pivotal role in both houses of Congress during debates over proposed communications reform legislation; it also emerged as a key consideration during the Federal Communications Commission consideration… more »
Dilution
November 2006
Ever since the creation of federal dilution law, legal commentators have expressed consternation about this variation of the trademark entitlement. Prior to the advent of this form of protection, the owner of a mark could recover for trademark infringement under the Lanham Act only if the commercial use of its mark… more »
Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem
October 2006
Over the past decade, drug makers have settled patent litigation by making large payments to potential rivals who, in turn, abandon suits that (if successful) would increase competition. Because such “pay-for-delay” settlements postpone the possibility of competitive entry, they have attracted the attention of antitrust enforcement authorities, courts, and commentators. Pay-for-delay… more »
Corporate Governance Lessons from Transition Economy Reforms
August 2006
Corporate Governance Lessons from Transition Economy Reforms explores a timely topic at the intersection of economics, law, and policy reform. To date, most sophisticated theoretical work on corporate governance has focused on advanced market economies. In post-socialist countries, corporate finance and transition economics scholars have often done little more than convey… more »