Search Results - "Masur, Jonathan S"
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Real-world prior art
Published in Stanford law review (01-04-2024)“…The most fundamental requirement of patent law is that a patented invention must be new. Given the longstanding, foundational nature of this novelty…”
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The Scholar as Coauthor
Published in The University of Chicago law review (01-11-2021)“…The task of describing (or even hinting at) Eric Posner’s immense scholarly contributions in just a few thousand words is a daunting one. Twenty-five thousand…”
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3
Horizontal Collusion and Parallel Wage Setting in Labor Markets
Published in The University of Chicago law review (01-03-2023)“…Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin,…”
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Posner’s Unlikely Patent Intervention
Published in The University of Chicago law review (01-08-2019)“…At first glance, patent law might seem the least likely place to look for Judge Richard Posner's impact on the law. Judge Posner was appointed to the Seventh…”
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5
ASSESSING AFFIRMATIVE ACTION’S DIVERSITY RATIONALE
Published in Columbia law review (01-03-2022)“…Ever since Justice Lewis Powell’s opinion in Regents of the University of California v. Bakke made diversity in higher education a constitutionally acceptable…”
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CBA AT THE PTO
Published in Duke law journal (01-05-2016)“…What are the costs and benefits of patent laws? While Congress and the courts are often able to evade this difficult question, there is one institutional actor…”
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7
Chevronizing around cost-benefit analysis
Published in Duke law journal (01-02-2021)“…The Trump administration's efforts to weaken regulations were in tension with cost-benefit analysis, which in many cases supported those regulations or…”
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TOWARD A PIGOUVIAN STATE
Published in University of Pennsylvania law review (01-12-2015)“…Most economists believe that the government should impose Pigouvian taxes on firms that produce negative externalities like pollution, yet regulatory agencies…”
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WELL-BEING ANALYSIS VS. COST-BENEFIT ANALYSIS
Published in Duke law journal (01-05-2013)“…Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences…”
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Patents, property, and prospectivity
Published in Stanford law review (01-04-2019)“…When judges change the legal rules governing patents, those changes are always retroactive. That is, they apply equally to patents that have already been…”
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Cost-Benefit Analysis and the Judicial Role
Published in The University of Chicago law review (01-06-2018)“…The two most vilified cases in administrative law areBusiness Roundtable v Securities and Exchange CommissionandCorrosion Proof Fittings v Environmental…”
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INTELLIGENT DESIGN
Published in Duke law journal (01-10-2018)“…When designers obtain exclusive intellectual property (IP) rights in the functional aspects of their creations, they can wield these rights to increase both…”
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13
Norming in administrative law
Published in Duke law journal (01-04-2019)“…How do regulatory agencies decide how strictly to regulate an industry? They sometimes use cost-benefit analysis or claim to, but more often the standards they…”
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14
Climate Regulation and the Limits of Cost-Benefit Analysis
Published in California law review (01-12-2011)“…Over the past two years U.S. regulatory agencies have issued fourteen regulations that take into account the effect of industrial activities and products on…”
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15
REGULATION, UNEMPLOYMENT, AND COST-BENEFIT ANALYSIS
Published in Virginia law review (01-05-2012)“…Regulatory agencies take account of the potential unemployment effects of proposed regulations in an ad hoc, theoretically incorrect way. Current practice is…”
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16
Raising the stakes in patent cases
Published in The Georgetown law journal (01-03-2013)“…One of the fundamental goals of a patent system is to encourage the research and development of the most socially valuable inventions-those innovations that…”
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17
Patent Liability Rules as Search Rules
Published in The University of Chicago law review (01-12-2011)“…Patent law's infringement doctrines, commonly understood to be simply rules of liability, are in fact search rules as well Patent liability rules determine not…”
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Libertarian Paternalism, Path Dependence, and Temporary Law
Published in The University of Chicago law review (2014)“…The recent wave of behavioral economics has led some theorists to advocate the possibility of "libertarian paternalism," in which regulators designing…”
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Against Feasibility Analysis
Published in The University of Chicago law review (01-04-2010)“…Feasibility analysis, a method of evaluating government regulations, has emerged as the major alternative to cost-benefit analysis. Although regulatory…”
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Retribution and the Experience of Punishment
Published in California law review (01-10-2010)“…The law regulates human life, so it should be informed by the best available understanding of how people experience their lives. The new field of hedonic…”
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