News
News
April 8, 2013
On April 8, 2013, Notre Dame Law School will host guest speaker, Ariel Katz, an Associate Professor of Law from the University of Toronto. He will present his research on his paper, “e-Books, p-Books, and the Durapolist Problem.” The paper discusses a novel explanation to the problem of e-book distribution, where retailers (such as Apple and Amazon) create distribution agreements that allow these companies to buy e-books and subsequently sell the books at whatever price the retailers choose. After rejecting some possible explanations, the paper will examine the hypothesis that these arrangements reflect the book industry’s solution to the durable monopoly problem (otherwise known as the “Durapolist” problem). The author also discusses legal implications of these findings, including important implications for competition law and policy.
April 5-6, 2013
Professor Mark McKenna participates in “Design Patents in the Modern World,” a conference held at Stanford Law School, and presents his paper (together Kathy Strandburg of NYU), entitled “Progress and Competition in Design.”
April 3-5, 2013
Notre Dame Law School and the LAMB hosts the “Behavioral Law and Economics: Substance and Methodology” Conference. The dramatic growth and influence of behavioral and experimental law and economics deserves close study and attention, to which this conference is devoted. Specifically, the conference builds on the contribution of leading scholars in the field to a first-of-its-kind “Handbook on Behavioral Economics and the Law” that will be published by Oxford University Press, offering a unique forum to examine the state-of-the-art of behavioral analysis throughout the law, its methodology and future challenges. Professor Tor of Notre Dame Law School presented his chapter, entitled “The Market, the Firm, and Behavioral Antitrust.”
April 4, 2013
Professor Mark McKenna presents “Criminal Trademark Law and the Problem of Inevitable Creep” as part of the NYU Innovation Policy Colloquium on April 4.
March 14, 2013
Professor Mark McKenna presents his paper, “A Consumer Decision-Making Theory of Trademark Law” at the IPR University Center in Helsinki.
March 13, 2013
Professor Mark McKenna (together with Bill McGeveran) accepted an offer to publish their paper “Confusion Isn’t Everything” in the Notre Dame Law Review.
March 11-12
Professor Mark McKenna visited Åbo Akademi University in Turku, Finland, where he taught a class on Intellectual Property and Competition Law on Monday, March 11 and participated in a research seminar on Tuesday, March 12.
March 4, 2013
Notre Dame in London hosted “The Google Book Project: Antitrust and Intellectual Property Perspectives.” The antitrust and intellectual property issues raised by the Google Book Project and the judicial challenges resulting therefrom were discussed on March 4 by a panel consisting of Doctor Ioannis Lianos of University College London and Professor Jonathan Griffiths of Queen Mary University of London, with Professor Joseph Bauer of Notre Dame Law School serving as moderator.
February 22, 2013
Professor Mark McKenna hosted a “Trademark and Marketing Roundtable” that brought leading legal scholars in the trademark and advertising fields together with top marketing researchers to discuss four papers. Two of the papers were written from a legal perspective and two were written from a marketing perspective.
Participants in the roundtable included:
Barton Beebe (NYU School of Law)
Rebecca Tushnet (Georgetown Law)
Bill McGeveran (University of Minnesota Law School)
Eric Goldman (Santa Clara Law)
Deborah Gerhardt (University of North Carolina School of Law)
Laura Heymann (William & Mary Law School)
Jeremy Sheff (St. John’s University School of Law)
Stephen Garcia (University of Michigan Department of Psychology)
Raghunath Singh Rao (McCombs School of Business at The University of Texas at Austin)
Irina Manta (Hofstra Law)*
Alfred Yen (Boston College Law)*
Nicole Montgomery (William & Mary Mason School of Business)*
Ann Schlosser Contact Info/DispProfile.aspx?ID=40389012847222 (University of Washington Margaret G. Foster School of Business)*
*Indicates authors who provided papers for the roundtable.
February 1, 2013
Professor Mark McKenna was quoted in the USA Today article “Colin Kaepernick defends move to protect personal brand.”
January 18, 2013
Notre Dame Law School hosted a “Roundtable on the Knockoff Economy” on Friday, January 18, 2013. As part of the Program on Law and Market Behavior, this all day roundtable focused on the notion that imitation does not stifle creativity, but rather inspires innovation. The topic is based on the work of Kal Raustiala and Christopher Sprigman in their book, “The Knockoff Economy, How Imitation Sparks Innovation.” LAMB faculty that participated in the roundtable included Mark McKenna, the organizer of the event, Dan Kelly, Nicole Garnett, and Avishalom Tor.
January 4-6, 2013
Professor Cremers’ paper “Thirty Years of Shareholder Rights and Stock Returns” (with Allen Ferrell) is presented at the American Finance Association Annual Meeting in San Diego.
December 13, 2012
Professor Tor presents his research, "Understanding Behavioral Antitrust," in Tel Aviv at a joint conference of the Notre Dame Research Program on Law and Market Behavior and the University of Haifa Faculty of Law Aptowitzer International Center for Risk, Liability, and Insurance.
December 8, 2012
Professor McKenna presents “An Empirical Study of the Effect of TrafFix on Trademark Functionality Cases” at the Workshop on Empirical Studies of Trade Mark Data at Oxford.
December 6, 2012
Professor Tor presents his research at "The Present and Future of Behavioral Antitrust," a conference in London, hosted by the Notre Dame Research Program on Law and Market Behavior and the UCL Centre for Law, Economics and Society. This timely conference brought together leading experts in the field to examine the state-of-the-art of the behavioral approach to competition law and policy and to consider its future potential and limitations as an antitrust methodology.
December 4, 2012
Professor Cremers presents "Pension Fund Asset Allocation and Liability Discount Rates: Camouflage and Reckless Risk Taking by U.S. Public Plans?" at the BIS/World Bank Public Investors Conference in Washington D.C.
November 30, 2012
Professor McKenna presents “An Empirical Study of False Advertising Claims Under the Lanham Act” at Fordham Law & Information Society Faculty Workshop.
November 29, 2012
Professor Tor publishes a new article. Avishalom Tor & Oren Gazal-Ayal, The Innocence Effect, 62 Duke L.J. 343. This Article provides field and empirical evidence for the hitherto neglected “innocence effect,” revealing that innocents are significantly less likely to accept plea offers that appear attractive to similarly situated guilty defendants. The Article further explores the psychological causes of the innocence effect and examines its implications for plea bargaining policy.
November 28, 2012
LAMB Speaker, Professor Kimberly D. Krawiec, presents a paper at Notre Dame Law School on “The Danger of Difference: What Corporate Directors Say about Diversity” as part of the Distinguished Speaker Series.
November 27, 2012
Professor McKenna presents “Confusion Isn’t Everything: Limiting Doctrines in
Trademark Law” at the University of Minnesota.
November 19, 2012
Professor Tor presents his ongoing research on “The Behavioral Approach to Competition Law” at the Max Planck Institute for Research on Collective Goods in Bonn, Germany.
November 10, 2012
Professor Cremers’ paper “Thirty Years of Shareholder Rights and Stock Returns” (with Allen Ferrell) is presented by his co-author at the Conference on Empirical Legal Studies at Stanford Law School.
November 4, 2012
Professor McKenna presents “Confusion Isn’t Everything: Limiting Doctrines in Trademark Law” at the UCLA Entertainment, Media & IP Colloquium Workshop.
November 1, 2012
Professor Cremer’s paper "Thirty Years of Shareholder Rights and Firm Valuation" (with Allen Ferrell), has been accepted for publication and is forthcoming in the Journal of Finance.
October 25, 2012
Scholars gather at Notre Dame Law School for a LAMB conference on "The Role of Intermediaries in Corporate Governance: Empirical Evidence and Policy Challenges." The first session, chaired by Professor Julian Velasco, included an introduction by Professor Tor and a series of presentations that examined the current empirical evidence in the field. In the second session, the experts engaged in a roundtable discussion of the policy lessons and challenges involved in the corporate governance activities of institutional intermediaries, moderated by Professor Tor. To conclude the conference, faculty and students attended a lunch presentation by the keynote speaker, Professor Bernard Black, which included a response by LAMB Faculty Fellow, Professor Martijn Cremers.
Conference speakers included:
Bernard S. Black, Nicholas D. Chabraja Professor, Northwestern University School of Law and Kellogg School of Management
LAMB Faculty Fellow K.J. Martijn Cremers, Professor of Finance, University of Notre Dame Mendoza College of Business
Jill E. Fisch, Perry Golkin Professor of Law and Co-Director, Institute for Law and Economics, University of Pennsylvania Law School
Tamar Frankel, Professor of Law and Michaels Faculty Research Scholar, Boston University School of Law
Siona Listokin-Smith, Assistant Professor, George Mason University School of Public Policy, and Research Scholar, Yale Law School
Paul Rose, Associate Professor of Law, Ohio State University Moritz College of Law
Randall Thomas, John S. Beasley II Professor of Law and Business, Vanderbilt Law School, and Professor of Management, Vanderbilt University Owen School of Management
LAMB Director and Notre Dame Law School’s own Professor Avishalom Tor
Video recordings of both conference sessions and the lunch keynote are now available online here:
First Session
Second Session
Lunch Keynote
October 19, 2012
Professor McKenna presents “Brand Mercantilism” during the Brands, Competition, and the Law Conference at the Loyola University Chicago School of Law.
October 17, 2012
Professor Tor gives a keynote lecture on “The Innocence Effect” at the 6th IMPRS Uncertainty Topics Workshop on Policy Implications of Law and Behavior, held at Erasmus School of Law Rotterdam, the Netherlands.
October 15, 2012
Professor McKenna “Confusion Isn’t Everything: Limiting Doctrines in Trademark Law” at the UC Berkeley IP Colloquium Speakers Series.
October 13, 2012
Professor Kelly presents “Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications” at the Annual Conference of the Midwestern Law and Economics Association (MLEA) at Washington University School of Law in St. Louis.
October 12, 2012
Professor Cremers presents his paper, "Pension Fund Asset Allocation and Liability Discount Rates: Camouflage and Reckless Risk Taking by U.S. Public Plans?" at a finance workshop, held at The Ohio State University’s Fisher College of Business.
October 12, 2012
Professor Kelly participates in a panel on the “The Judiciary’s Role in Shaping Constitutionally Protected Property” and presents a paper entitled “Circumventing the Anticommons: Evidence from Real Estate Transactions” at the 9th Annual Brigham-Kanner Property Rights Conference Property Rights Brochure – DRAFT 10 – Final1.pdf at William & Mary Law School.
October 1, 2012
A video of Professor Cooter’s public lecture on his recent book with Hans-Bernd Schafer, “"Solomon’s Knot: How Law Can End the Poverty of Nations":http://press.princeton.edu/titles/9540.html," co-sponsored by the Notre Dame Program on Law and Human Development, is now available.
September 29, 2012
Professor Kelly presents “The Right to Include” at the Canadian Law & Economics Association’s (CLEA) Annual Meeting at Toronto Law School.
September 21, 2012
Professor Tor presents his research on “Understanding Behavioral Antitrust” at the 29th Annual Conference of the European Association of Law and Economics (EALE), at the University of Stockholm.
September 11, 2012
Professor McKenna presents his ongoing research on “The Failure (and Promise) of Trademark Defenses” at the Notre Dame Law School Faculty Workshop.
August 15, 2012
Professor McKenna coauthors a new article with Mark A. Lemley, applying antitrust’s traditional market definitions to intellectual property with startling results. Mark A. Lemley & Mark P. McKenna, Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP, 100 Geo. L.J. 2055.
August 13, 2012
Professor Garnett publishes a new article, examining the urban commons debate in light of the recent economic downtown that has forced cities to severely scale back law enforcement efforts. Nicole Stelle Garnett, Managing the Urban Commons, 160 U. Pa. L. Rev. 1995 (2012).
August 10, 2012
Professor McKenna presents a paper, “Dastar’s Next Stand,” at the 12th Annual Intellectual Property Scholars Conference at Stanford Law School.
August 6, 2012
Professor Tor’s joint research on the psychology of competitive behavior is reviewed in “The Psychologist” in its feature article, published by the British Psychological Society. Christian Jarrett, Faster, Higher, Stronger!, 25 Psychologist 504.
August 1, 2012
Professor McKenna speaks about the interdisciplinary lessons of marketing research for trademark law at the 31st Annual Congress of the International Association for the Advancement of Teaching and Research in Intellectual Property in Chicago.
July 24, 2012
Professor Kelly’s paper was recently listed on SSRN’s Top Ten Download List for the Economic Research Network’s Firm Behavior, Transaction Costs, and Property Rights Topic. Daniel B. Kelly, Toward Economic Analysis of the Uniform Probate Code, 45 U. Mich. J.L. Reform 855 (2012).
July 23, 2012
Professor Snead lectures on “Understanding the HHS Contraceptive Mandate” and “The Explanatory Limits of Modern Science for Public Bioethics” at the University of Chicago’s Program on Medicine and Religion Faculty Scholars Summer Intensive Program.
July 1, 2012
June 21, 2012
Professor Snead is invited to speak on “Religious Liberty and the HHS Mandate” at the 2012 Catholic Media Conference, sponsored by the Catholic Press Association of the United States and Canada.
June 15, 2012
Professor Tor’s paper on “The Psychology of Competition: A Social Comparison Perspective” (with Stephen Garcia and Tyrone Schiff) is presented at the 2012 Conference of the International Society for New Institutional Economics (ISNIE), at USC Gould School of Law.
June 15, 2012
Professor Garnett publishes a new article, examining the shift away from single-land-use suburban neighborhoods to mixed-land-use urban ones and the resulting policy implications. Nicole Stelle Garnett, The People Paradox, 2012 U. Ill. L. Rev. 43 (2012).
June 8, 2012
Professor Tor presents “Behavioral Law and Economics and Competition Law” at the Copenhagen Business School Law Department Seminar.
June 1, 2012
Professor Kelly presents “The Right to Include” at the Property Works-in-Progress Conference at Fordham Law School.
June 1, 2012
Professor Garnett publishes a new article, contending that Catholic schools should remain a critical component of education reform, and that the recent closures of many Catholic schools in favor of charter schools is an ultimately undesirable policy choice. Nicole Stelle Garnett, Are Charters Enough Choice? School Choice and the Future of Catholic Schools, 87 Notre Dame L. Rev. 1891 (2012).
May 22-23, 2012
Professor Tor Lectures in China on “Law, Economics, and Regulation” at Beijing Foreign Studies University and China University of Political Science and Law, and delivers a paper on “Behaviorally-informed Regulation: Potential and Limits” at a conference on Using Economics to Improve Regulation, at the CUPL Research Center for Law and Economics (RCLE).
May 26, 2012
Legal Theory Blog recommends Professor Kelly’s recent article, “Strategic Spillovers,” as “Download of the Week.” Daniel B. Kelly, Strategic Spillovers, 111 Colum. L. Rev. 1641 (2011).
May 18, 2012
Professor Kelly presents “The Invisible Dead Hand” at the Annual Meeting of the American Law & Economics Association (ALEA) at Stanford Law School.
May 15, 2012
Professor Tor’s paper on “The Psychology of Competition: A Social Comparison Perspective” (with Stephen Garcia and Tyrone Schiff) is selected for a keynote dinner presentation at the 9th Atlanta Competitive Advantage Conference (ACAC).
May 10, 2012
Professor McKenna publishes a new article, concluding that courts have improperly focused their analysis on search costs rather than consumer decision-making. Mark P. McKenna, A Consumer Decision-Making Theory of Trademark Law, 98 Va. L. Rev. 67 (2012).
May 1, 2012
The Harvard Law School Program on Negotiation Blog reviews Professor Tor’s research with Stephen M. Garcia and Richard Gonzalez on the psychology of competition.