Bankruptcy Treatment of Intellectual Property Assets: An Economic Analysis Author(s): Peter S. Menell Year: 2009 Abstract: With the rise of intellectual property in the modern economy, bankruptcy treatment of intellectual property assets has taken on ever greater importance. The law in this area must balance different approaches to asset management. Viewing the world from an […]

Mobile Payments: Consumer Benefits & New Privacy Concerns Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: Payment systems that allow people to pay using their mobile phones are promised to reduce transaction fees, increase convenience, and enhance payment security. New mobile payment systems also are likely to make it easier for businesses to […]

Patents, Entry and Growth in the Software Industry Author(s): Robert P. Merges Year: 2006 Abstract: In the late 1980s and early 1990s, people in the software industry often said that the coming of patents would spell doom, particularly for small companies. The entry of new firms – the seedbed of growth in the industry – […]

An Analysis of the Scope of Copyright Protection for Application Programs Author(s): Peter S. Menell Year: 2011 Abstract: The article describes how the first courts to address the scope of copyright protection for application programs have tended to view application programming as predominantly an exercise in creative expression and accordingly have interpreted the scope of […]

Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal Author(s): Pamela Samuelson Year: 2012 Abstract: Filed in the Second Circuit Court of Appeals in Support of Defendant-Appellant Google. Summary of argument: Class certification was improperly granted below because the District Court failed to conduct a rigorous analysis of the adequacy of representation […]

Procuring Knowledge Author(s): Suzanne Scotchmer Year: 2003 Abstract: There is growing public interest in alternatives to intellectual property including, but not limited to, prizes and government grants. We argue that there is no single best mechanism for supporting research. Rather, mechanisms can only be compared within specific creative environments. We collect various historical and contemporary […]

Property Rights, Firm Boundaries, and R&D Inputs Author(s): Robert P. Merges Year: 2001 Abstract: This Article offers an explanation of the role of intellectual property rights (IPRs) in information-intensive vertical supply relationships. In particular, we explore the connection between stronger property rights and the enhanced viability of independent (versus vertically integrated) input supply firms when […]

The Access to Knowledge Mobilization and the New Politics of Intellectual Property Author(s): Amy Kapczynski Year: 2009 Abstract: Intellectual property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of our time. In recent years, college students, subsistence farmers, AIDS activists, genomic scientists, […]

Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property Author(s): Paul M. Schwartz Year: 2004 Abstract: Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power […]

The Core and Hedonic Core: Reply to Wooders (2001), with Counterexamples Author(s): Suzanne Scotchmer Year: 2003 Abstract: In response to Wooders (2001), I review the contributions of Engl and Scotchmer (1996) regarding monotonicity and the hedonic core, show how our contributions diverge from those previously in the literature, and highlight the importance of our assumptions […]