Now showing items 391-395 of 395
The Allocation Problem in Multiple-Claimant Representatives
(Supreme Court Economic Review, 2006)
Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
(Constitutional Commentary, 2008)
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
The Purpose of Copyright Law in Canada
(University of Ottawa Law & Technology Journal, 2005)
IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the ...
Fragmented Copyright, Fragmented Management: Proposals to Defrag Copyright Management
(Canadian Journal of Law & Technology, 2003)
The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently ...
Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitations
(University of Ottawa Law & Technology Journal, 2008)
This Article suggests a path to develop a principled conceptualizat ion for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a ...