Publications
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Copyright's Communications Policy
April 2004
This paper suggest that the main challenges for 21st century copyright are not challenges of authorship policy, but rather new and harder problems for copyright’s communications policy. Since its inception copyright has set important baselines upon which publishers and their modern equivalents compete.business. As the pace of technological change accelerates, copyright’s… more »
Network Neutrality, Broadband Discrimination
June 2003
This paper examines the the concept of network neutrality in telecommunications policy and its relationship to Darwinian theories of innovation. It also considers the record of broadband discrimination practiced by broadband operators in the early 2000s.… more »
When Code Isn't Law
June 2003
The prominent effects of computer code have made it difficult to ignore the fact that code can be used to produce regulatory effects similar to laws. Hence, the popularity of the idea that (for computer users at least) “code is law.” But the idea remains extremely vague. Most problematically, none of… more »
Patent Signals
November 2002
Courts and commentators often treat intellectual property as if the private value of the rights stemmed entirely from the control legal rules conferred over the protected subject matter. While the literature has devoted an enormous amount of time, paper, and ink to the discussion of whether or not legal rules grant… more »
The Liberal Commons
September 2001
Must we choose between the benefits of cooperative use of scarce resources and our liberal commitments to autonomy and exit? No. Law can mediate community and liberty ? a theory of the liberal commons provides the bridge that reconciles these two seemingly contradictory imperatives. Liberal commons institutions enable a limited group… more »
The Dissonance of Scientific and Legal Norms
January 2001
Scientific research is facilitated by informational externalities. By directing informational flows, intellectual property law creates incentives for researchers to refrain from publishing research results before seeking intellectual property protection, to retain control of information, and to release research results strategically. Open communication and the sharing of research results, on the other… more »
The Dynamic Analytics of Property Law
January 2001
The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches – creating new ideal types and synthesizing existing ones – that may help update our static property metaphors. Using these dynamic… more »
Lessons from Fiascos in Russian Corporate Governance
October 1999
Bad corporate governance is often invoked to explain poor enterprise performance, but the catch phrase is never precisely defined. Neither its consequences for the real economy, nor its causes in particular countries has been adequately explained. This paper uses Russian enterprise examples to address these open questions in corporate governance theory.… more »
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