Author(s): Robert P. Merges Year: 1997 Abstract: In this paper, we examine the determinants of control rights in technology strategic alliances between biotechnology firms and pharmaceutical corporations, as well as with other biotechnology firms. We undertake three clinical studies and an empirical analysis of 200 contracts. Consistent with the framework developed by Aghion and Tirole […]
The Control of Strategic Alliances: An Empirical Analysis of Biotechnology Collaborations
Mobile Phones and Privacy
Author(s): Jennifer Urban and Chris Jay Hoofnagle Year: 2012 Abstract: Mobile phones are a rich source of personal information about individuals. Both private and public sector actors seek to collect this information. Facebook, among other companies, recently ignited a controversy by collecting contact lists from users’ mobile phones via its mobile app. A recent Congressional […]
Behavioral Advertising: The Offer You Cannot Refuse
Author(s): Chris Jay Hoofnagle Year: 2012 Abstract: At UC Berkeley, we are informing political debates surrounding online privacy through empirical study of website behaviors. In 2009 and 2011, we surveyed top websites to determine how they were tracking consumers. We found that advertisers were using persistent tracking technologies that were relatively unknown to consumers. Two […]
Systematic government access to private-sector data in Germany
Author(s): Paul M. Schwartz Year: 2012 Abstract: Germany has a strong commitment to the rule of law and to information privacy. Its concept of the ‘rule of law’ is best summed up in the idea of the Rechtsstaat, or ‘legal state’. The Rechtsstaat is a state that is based on civil liberties as well as […]
Privacy and Advertising Mail
Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: In this paper, we consider why Americans may frame the generation and receipt of unsolicited advertising mail as a privacy violation. We then present data from our nationwide survey showing that a very large majority of Americans, across all ideologies, educational attainment levels, age, and […]
The Price of ‘Free’: Accounting for the Cost of the Internet’s Most Popular Price
Author(s): Chris Jay Hoofnagle Year: 2013 Abstract: Offers of “free” services abound on the internet. These offers cause a conundrum for consumer protection. Courts are apt to discount users’ claims against such services; one recently held that users are not “consumers” for purposes of California consumer protection law. Industry leaders push to monitor users ubiquitously, […]
The Story of the TAC Case: The Potential and Limits of Socio-Economic Rights Litigation in South Africa
Author(s): Amy Kapczynski Year: 2009 Abstract: This paper tells the story of the South African constitutional case of Minister of Health v. Treatment Action Campaign. The case is a celebrated example of successful socio-economic rights litigation because it resulted in a direct order to the government to implement a new health care program – specifically, […]
Colloquium on Privacy & Security
Author(s): Chris Jay Hoofnagle Year: 2006 Abstract: On November 2-3, 2001, the University of Buffalo sponsored Digital Frontier: The Buffalo Summit 2001. The attendees included Gary M. Schober (Moderator), Shubha Ghosh (Organizer), Ann Bartow, Chris Hoofnagle, and Phyllis Borzi. The participants were drawn from a wide range of specialties, from lawyers and doctors to business-men […]
Space Resources, Common Property, and the Collective Action Problem
Author(s): Robert P. Merges Year: 2007 Abstract: The subjects of lunar mining, asteroidal resource extraction, and orbital solar power are again attracting considerable attention, leading to more discussion of space property rights regimes. This article discusses both private-property regimes and centralized regulatory regimes of the sort envisioned by the 1979 Moon Treaty, and also notes […]
Reconciling Personal Information in the United States and European Union
Author(s): Paul M. Schwartz Year: 2014 Abstract: US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. […]