The Notre Dame Research Program on Law and Market Behavior (ND LAMB)
The Research Program on Law and Market Behavior at Notre Dame Law School (ND LAMB) is dedicated to promoting foundational research that seeks to influence the way scholars and policymakers think about a range of timely legal and policy issues at the intersection of law and market behavior. Specifically, ND LAMB explores interdisciplinary research across a number of interrelated legal fields including corporate governance, antitrust, intellectual property, property and contract law, and the legal regulation of individuals and firms in the market more generally. The Program draws extensively on relevant extra-legal research in empirical disciplines from psychology and economics to business and beyond. ND LAMB focuses on promoting original legal scholarship that emphasizes observational and experimental methods by organizing international conferences, panel discussions, and roundtable workshops; inviting distinguished speakers and visiting researchers; providing targeted research support to LAMB Faculty Fellows; and developing collaborations with relevant programs and institutes worldwide.
Professor Mark McKenna was quoted in several sources and articles on the trademark of Dumb Starbucks.
“Fair use” can protect parodies of copyright material, but a trademark such as the logo has different protections that Dumb Starbucks may well be violating, said Mark McKenna, a trademark law expert at the University of Notre Dame.
Like others, McKenna suspects the store is a publicity stunt — but for what, he could only guess. – AP via
On December 8-9, 2013, the Notre Dame Research Program on Law and Market Behavior held a roundtable conference on the book "The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis"…
Dr. Avishalom Tor presented Understanding Behavioral Antitrust at Harvard Law School Law and Economics Workshop, Cambridge, Massachusetts in November 2013.…View All News
Fri Apr 11, 2014
When: All Day
Location: Lucerne, Switzerland
When: Fri Apr 11, 2014, 12:30PM
Location: McCartan Courtroom
Thu Apr 17, 2014
When: Thu Apr 17, 2014, 12:30PM
Location: Room 1130
In his new paper, Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, Professor Kelly investigates the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death. The organizing principle of American succession law—testamentary freedom—gives decedents a nearly unrestricted right to dispose of property. After surveying the justifications for testamentary freedom, he examines the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death: imperfect information, negative externalities, and intergenerational equity. These justifications correspond with many existing limitations on the freedom of testation. Yet, disregarding donor intent to maximize the donees’ ex post interests, an increasingly common justification for intervention, is socially undesirable. Doing so ignores important ex ante considerations, including a donor’s happiness, a donor’s incentive to work, save, and invest, and the structure and timing of a donor’s gifts. If donors believe courts may not facilitate their intent, donors may be less happy, accumulate less property, and alter gifts during life. Moreover, because the law often affects donor behavior, ignoring donative intent to benefit particular donees may harm not only the donors but also donees as a class. Thus, the living may themselves benefit if the law allows a certain degree of “dead hand” control.View All Research