Upcoming LAMB Events
“The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis” Book Roundtable
December 8-9, 2013 at Notre Dame London Law Centre
The Notre Dame Research Program on Law and Market Behavior is bringing together a diverse group of excellent scholars encompassing different approaches to IP as well as related fields such as property and antitrust to engage in a critical and constructive discussion of the recently published book by Niva Elkin-Koren and Eli Salzberger on “The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis.” This insightful and broad-ranging work offers an excellent platform for the roundtable’s examination of some of the major challenges presently at the forefront of IP law and economics.
The book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. The book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book also addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Michael Abramowicz, George Washington University
Tanya Aplin, Dickson Poon School of Law at King’s College London
Lionel Bently, Emmanuel College, Cambridge
Dan Burk, UC Irvine School of Law
Robert Burrell, University of Western Australia
Josef Drexl, Max Planck Institute for Intellectual Property, Competition and Tax Law
Severine Dusollier, University of Namur
Christian Handke, Erasmus University Rotterdam
Frédéric Jenny, ESSEC Business School, Paris
Dan Kelly, University of Notre Dame
Mark McKenna, University of Notre Dame
Christopher Sprigman, University of Virginia
Alain Strowel, Covington & Burling LLP
Avishalom Tor, University of Notre Dame
Stephen Yelderman, University of Notre Dame
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis Authors:
Behavioural Law and Economics: American and European Perspectives
The conference will bring together leading American scholars and new European voices in the field to consider applications of behavioral research to a variety of European law fields and institutions. The Notre Dame Program on Law and Market Behavior and the University of Lucerne Center for Law and Sustainability are cosponsoring a conference. See Schedule
Distinguished Speaker Series: Mark Lemley, Professor of Law, Stanford Law School
April 11, 2014
Stanford Law Professor Mark Lemley will speak on the topic of IP Without Scarcity.
Book Series: Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding
April 17, 2014
Orly Lobel, the Don Weckstein Professor of Employment and Labor Law at the University of San Diego, will speak at NDLS on Thursday, April 17 about her new book,
Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding.
Past LAMB Events
Google Search: Antitrust & IP Perspectives
April 15, 2013
January 3, the Federal Trade Commission (“FTC”) concluded its wide-ranging investigation of
allegedly anticompetitive conduct by Google. While a number of other commitments were extracted from Google, the allegations of search bias that initially animated the investigation were not proven, and the FTC even found that some of the investigated conduct may have been procompetitive.
In Europe, on the other hand, an investigation into allegations of Google’s search bias and other
abusive practices is ongoing.
To examine the important and timely issues surrounding Google Search, ND LAMB is convening a
panel of legal scholars with expertise in antitrust and intellectual property, who will discuss and
debate the merits and demerits of the allegations against Google, the FTC’s decision, and the search company’s relevant conduct more generally.
Avishalom Tor – Professor of Law, Notre Dame Law School
Daniel Crane – Frederick Paul Furth Sr. Professor of Law, University of Michigan Law School
Geoffrey A. Manne – Executive Director, for Law and Economics, International Center for Law and Economics
Mark McKenna – Professor of Law, Notre Dame Law School
Spencer Weber Waller – Professor of Law and Director, Institute for Consumer Antitrust Studies
The Google Book Project: Antitrust and Intellectual Property Perspectives
March 4, 2013
Location: Notre Dame in London
In 2004, Google entered into agreements with several major research libraries to digitally copy books and other writings in their collections. This project would have many benefits, including increasing availability of these materials and preservation of older and out-of-print works. However, Google had not obtained the permission of the copyright owners of those works – including authors and publishers. In 2005, they brought a class action against Google in the Southern District of New York, alleging a variety of copyright and antitrust theories.
In 2008, the parties entered into a lengthy proposed settlement agreement. After hearings and extensive commentary, in 2011, the court rejected the proposed settlement. Continuing discussions are ongoing among the parties, while legislative relief from Congress is also being pursued.
The antitrust and intellectual property issues raised by the Google Book project and the judicial challenge will be 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 hosts a roundtable that will bring leading legal scholars in the trademark and advertising fields together with top marketing researchers to discuss four papers. Two of the papers are written from a legal perspective and two are written from a marketing perspective.
Participants in the roundtable include:
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 (University of Washington Margaret G. Foster School of Business)*
- Indicates authors who provided papers for the roundtable.
Roundtable on the Knockoff Economy
Fri Jan 18, 2013
Notre Dame Law School hosted a roundtable on “The Knockoff Economy, How Imitation Sparks Innovation” by Kal Raustiala and Christopher Sprigman, on Friday, January 18, 2013. Organized by Professor Mark McKenna and co-sponsored by the Program on Law and Market Behavior, this all day roundtable examined the book’s argument that imitation does not stifle creativity, but rather inspires innovation. Other LAMB faculty that participated in the roundtable included Professors Dan Kelly, Nicole Garnett, and Avishalom Tor.
Other Conference Speakers Included:
Seminar – Christopher Sprigman, Virginia Law School
January 17, 2013
Room 3140 at 4:00 p.m.
Professor Sprigman spoke on: “What’s a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property.”
Current Research in Behavioral and Experimental Law and Economics
December 13, 2012
This program is 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.
Conference Speakers and Topics Include:
- Jeffrey J. Rachlinski, Cornell Law School, “Predictably Incoherent Justice”
- Ronen Perry, University of Haifa Faculty of Law, “Biases in Perception of Judgments”
- Eyal Zamir, Hebrew University of Jerusalem School of Law, “Seeing is Believing: The Anti-Inference Bias”
- Doron Teichman, Hebrew University of Jerusalem School of Law, “Reference Points and Contractual Choices: An Experimental Examination”
- Avishalom Tor, Notre Dame Law School, “Understanding Behavioral Antitrust”
- Ori Wiesel, Max Planck Institute of Economics, “The Effect of Heterogeneity and Transparency with Respect to Incentive Structures on Tacit Collusion in a Repeated Price Competition between Teams”
- Lee Anne Fennell, University of Chicago Law School, “Pursuing Welfare through Fairness”
- Tal Zarsky, University of Haifa Faculty of Law, “Queues in Law”
- Alon Harel, Hebrew University of Jerusalem School of Law, “Non Consequentialist Voting”
The Present and Future of Behavioral Antitrust
December 6, 2012
Behavioral antitrust—the application to antitrust analysis of empirical evidence of common deviations of human behavior from strict rationality—is increasingly popular and hotly debated by competition law scholars and the enforcement agencies in the U.K, the EU more generally, and the U.S. alike. This timely conference will bring 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.
• The Hon Mr Justice Barling (President, Competition Appeal Tribunal)
• Dr Amelia Fletcher (OFT)
• Dr Andrea Coscelli (OFCOM)
• Dr Cristina Caffarra (CRA)
• Dr Peter Davies (Compass Lexecon)
• Paolo Siciliani (Chief Economist, BBC Trust)
• Prof. Christopher Leslie (University of California at Irvine School of Law)
• Prof. Maurice Stucke (University of Tennessee School of Law)
• David Saunders or representative (UK Competition Commission) (TBC)
• Prof. Avishalom Tor (Notre Dame Law School)
• Dr Ioannis Lianos (UCL)
Distinguished Speaker Series: Kimberly D. Krawiec
November 28, 2012
LAMB Speaker: Kimberly D. Krawiec, Kathrine Robinson Everett Professor of Law at Duke Law School to present a paper on "The Danger of Difference: What Corporate Directors Say about Diversity" on November 28, 2012. Professor Krawiec is an expert on corporate law who teaches courses on securities, corporate, and derivatives law. Her research interests span a variety of fields, including the empirical analysis of contract disputes; the choice of organizational form by professional service firms, including law firms; forbidden or taboo markets; corporate compliance systems; insider trading; derivatives hedging practices; and “rogue” trading.
Book Series: Infrastructure: The Social Value of Shared Resources
November 9, 2012
On November 9, 2012 LAMB is hosting an event in Room 1130 at 12:30 p.m., organized by Professor McKenna, to discuss a new book by Brett Frischmann, Professor of Law at Cardozo School of Law, on Infrastructure: The Social Value of Shared Resources. The book devotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy.
Stanford Law Professor Mark Lemley described Frischmann’s book as “timely and important. What he is attempting here is nothing less than a reimagining of how economics thinks about infrastructure. His argument ranges from intellectual property to telecommunications to the case for government investment in roads and bridges." And according to the late Elinor Ostrom, Nobel Prize winner in Economics, “faculty and students across the social sciences and engineering will all find Brett Frischmann’s new book to provide essential guidance for the analysis of diverse types of infrastructure resources and how policies affect the effectiveness, efficiency, fairness, and sustainability of outcomes. Rarely can one find such a broad and useful foundation for digging in and understanding the complexities of modern infrastructures. An extraordinary book.” More information on the book can be found at http://www.brettfrischmann.com/Infrastructure_Book.
The Role of Intermediaries in Corporate Governance: Empirical Evidence and Policy Challenges
October 25, 2012
LAMB will hold a corporate governance conference on October 25, 2012 on “The Role of Intermediaries in Corporate Governance: Empirical Evidence and Policy Challenges.” This timely conference will bring together leading scholars in law and related fields to present empirical evidence on the role of institutional investors and other intermediaries in corporate governance and discuss key normative and prescriptive legal policy issues concerning this role.
Conference speakers include:
- 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 Avishalom Tor.
The conference will conclude with a lunch keynote speech by Bernard S. Black, Nicholas D. Chabraja Professor, Northwestern University School of Law and Kellogg School of Management.
Distinguished Speaker Series: Robert D. Cooter
September 6-7, 2012
The inaugural LAMB Distinguished Speaker, Robert D. Cooter, Herman F. Selvin Professor of Law and Faculty Co-Director of the Law and Economics Program at UC Berkeley School of Law, will visit NDLS on September 6-7, 2012. Professor Cooter, a pioneer and leader in the field of law and economics, will give a LAMB Seminar on Innovation and the Theory of the Firm to law faculty and students on Thursday, September 6, and a public lecture on Friday, September 7, on his recent book with Hans-Bernd Schaefer “Solomon’s Knot: How Law Can End the Poverty of Nations", which is co-sponsored by the Notre Dame Program on Law and Human Development.
Behavioral Law and Economics: Substance and Methodology
April 3 – 5, 2012
For several decades, one of the leading approaches to legal theory has been the economic analysis of law. The theory of human behavior underlying standard economic analysis of law (like economic analysis more generally) is the rational choice theory. According to this theory, people strive to enhance their own well-being, choosing the available option that would maximize their expected utility. In the past two decades or so, hand-in-hand with comparable developments in economics, the economic analysis of law has been challenged by a growing body of experimental and empirical studies attesting to prevalent and systematic deviations from the assumptions of economic rationality. These studies have questioned both the assumption of thin, cognitive rationality (by showing that people’s preferences often do not comply with the rules of dominance, transitivity, and invariance) and the assumption of thick, motivational rationality (by pointing to the role of motivations such as envy and altruism).
Initially perceived as the antithesis to standard law and economics, over time these insights have been largely integrated into mainstream economic analysis of law, thereby establishing a new field of inquiry: behavioral law and economics. Behavioral insights can have particular value for legal analysis, as legal scholars are often interested in real-life policy-making, which must take into account people’s actual behavioral characteristics. Moreover, the growing influence of behavioral law and economics has been accompanied in recent years by the emergence of empirical and experimental legal studies. Rather than only draw on the results of experimental and empirical studies in the social sciences, a steadily growing number of researchers now engage in experimental and empirical studies designed specifically to answer questions that are of especial interest to legal scholarship.
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.
Conference participants include:
- Kenworthey Bilz, Professor of Law, University of Illinois College of Law
- Russell Covey, Associate Professor of Law, Georgia State University College of Law
- Melvin Eisenberg, Koret Professor of Law, University of California Berkeley School of Law
- Christoph Engel, Director, Max Planck Institute of Research on Collective Goods
- Yuval Feldman, Professor of Law, Bar Ilan University School of Law
- Kent Greenfield, Professor and Law Fund Research Scholar, Boston College Law School
- Yoed Halbersberg, Hebrew University of Jerusalem Faculty of Law
- Russell Korobkin, Professor of Law, UCLA Law School
- Adrian Kuenzler, Yale Law School
- Kevin McCabe, Professor of Law and Economics, George Mason University
- Gregory Mitchell, Mortimer M. Caplin Professor of Law and Class of 1948 Professor of Scholarly Research in Law, University of Virginia School of Law
- Janice Nadler, Benjamin Mazur Summer Research Professor, Northwestern Law
- Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota Law School, Professor of Economics, University of Bologna
- Daniel Pi, University of Minnesota Law School
- Jennifer Robbennolt, Professor of Law and Psychology, University of Illinois College of Law
- Ariel Rubinstein, Salzberg Chair, Tel Aviv University School of Economics
Professor, NYU Department of Economics
- Doron Teichman, Senior Lecturer, Hebrew University of Jerusalem Faculty of Law
- Avishalom Tor, Professor of Law, Notre Dame Law School
- Thomas Ulen, Swanlund Chair, University of Illinois College of Law
- Fredrick Vars, Associate Professor of Law, University of Alabama School of Law
- Sean Williams, Assistant Professor of Law, The University of Texas at Austin School of Law
- Eyal Zamir, Augusto Levi Professor of Commercial Law, Hebrew University of Jerusalem Faculty of Law