When people make decisions with a pre-selected choice option—a “default”—they are more likely to select that option. Because defaults are easy to implement, they constitute one of the most widely employed tools in the choice architecture toolbox. However, to decide when defaults should be used instead of other choice architecture tools, policy-makers must know how effective defaults are, and when and why their effectiveness varies. To answer these questions, we conduct a literature search...
Patent reform is a hotly contested issue, occupying the attention of Congress, the Supreme Court, and many of the most innovative companies in the world. Most of that dispute centers on patent enforcement, and in particular on the role of non-practicing entities (NPEs) or “patent trolls” – companies that don’t themselves make products but sue those that do. To technology companies, NPEs are a drag on innovation, taxing them tens of billions of dollars every year while achieving no social...
Maria Guadalupe Martinez Alles has posted to SSRN Tort Remedies as Meaningful Responses to Wrongdoing. The abstract provides:
Tort theorists’ unceasing efforts to draw a clear-cut line between tort law (i.e., private law) and criminal law (i.e., public law) has cabined the understanding of tort remedies as private responses to wrongdoing which are predominantly compensatory. The practice of awarding additional damages contradicts this view. It indicates that in fact tort remedies...
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Given that it started off with a “robot fight”between two AI-driven legal research products, you knew 2018 was going to be a momentous – and even pugilistic – year for legal research. Not only did research get smarter, thanks to a whole new generation of tools powered by AI and natural language processing, but it also got more expansive, thanks to a momentous project that put all U.S. case law online.
On the pugilism front, it was a year in which legal research platforms introduced...
The also PTO continues to save the world from claims to pure information by asking applicants to limit information storage to non-transitory storage mechanisms.