William M. LANDES's Books

The Economic Structure of Intellectual Property Law

By: William M. LANDES,Richard A. Posner

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The Economic Structure of Intellectual Property Law

By: William M. LANDES,Richard A. Posner

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

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449

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Harvard University Press

Published Date

ISBN 10

0674039912

ISBN 13

9780674039919

Law and Economics

Theory, Cases, and Other Materials

By: J. Shahar Dillbary,William M. Landes

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Law and Economics

Theory, Cases, and Other Materials

By: J. Shahar Dillbary,William M. Landes

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Law and Economics: Theory, Cases, and Other Materialsis a comprehensive introduction to the subject area of law and economics, with stimulating in depth discussion of actual case law by two leading scholars in the field. It provides a clear description of the key points of law and economics across various substantive areas of law, combining the traditional approach to the study of law and economics with new important insights from behavioral economics and competing theories. Importantly, Law and Economics artfully introduces and connects theory to practice to provide a coherent picture rather than a patch-like studying experience. Using detailed case-notes, comments and examples, Law and Economics explains why future lawyers should care about economic analysis of the law and how economics can and should play a role in litigation and conflict resolution. This important new casebook not only makes law and economics accessible to students but also indubitably establishes the importance of law and economics in a globalized world. Highlights of the First Edition: Introduces students to basic tools (e.g., game theory and decision theory) and concepts (e.g., efficiency criteria) using simple and innovative methods Facilitates the understanding of complicated concepts by providing the theoretical backgrounds as well as clear explanations, examples, exercises, and comprehensive comments and notes that do not require any background in math or economics Allows readers to test their understanding by providing practice questions with full answers Carefully selected cases, with discussion emphasizing the economic rationales underlying decisions and demonstrating how these rationales impact decisions Marries the virtues of a textbook (explaining the theoretical underpinning of different economic notions and how they relate to different legal doctrines) to those of acasebook by tying concepts to actual decisions Adopts a modern approach that covers competing theories as they relate to specific decisions and theories Includes methodology chapters where the same methodology (e.g., decision making, game theory, supply and demand) is used to analyze different areas of the law, as well as subject matter chapters in which specific areas of the law (e.g., property) are analyzed using different methodologies A modular structure, allowing the professor to pick and cover materials in almost any order, to skip certain materials and to focus on court decisions, the theory, or both Professors and students will benefit from: The use of alternative intuitive methods to explain theories The use of simple algebra to teach the most complex subjects The artful combination of theory with a practical approach that ties the economic concepts (including game theory and decision theory) to specific subject matters, legal rules and specific decisions In-depth discussion of decisions and how they could they be explained or argued differently in light of the theoretical concepts reviewed The use of summary boxes to recap complicated concepts Fantastic notes and practical questions following cases

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679

Publisher

Aspen Publishing

Published Date

ISBN 10

1543823181

ISBN 13

9781543823189

The Economic Structure of Tort Law

By: William M. Landes,Richard A. Posner

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The Economic Structure of Tort Law

By: William M. Landes,Richard A. Posner

Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

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356

Publisher

Harvard University Press

Published Date

ISBN 10

0674230515

ISBN 13

9780674230514

The Behavior of Federal Judges

A Theoretical and Empirical Study of Rational Choice

By: Lee Epstein,William M. Landes,Richard A. Posner

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The Behavior of Federal Judges

A Theoretical and Empirical Study of Rational Choice

By: Lee Epstein,William M. Landes,Richard A. Posner

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

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491

Publisher

Harvard University Press

Published Date

ISBN 10

0674070682

ISBN 13

9780674070684

Positive Psychology

The Science of Happiness and Flourishing

By: William C. Compton,Edward Hoffman

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Positive Psychology

The Science of Happiness and Flourishing

By: William C. Compton,Edward Hoffman

Topically organized, Positive Psychology: The Science of Happiness and Flourishing presents a highly engaging, up-to-date introduction to positive psychology. Authors William C. Compton and Edward Hoffman invite students to apply practices to their own lives, contexts, and experiences to ensure understanding. The text examines how positive psychology applies to stressors and health within such traditional research areas as developmental, clinical, personality, motivational, social, and behavioral psychology. Furthermore, the text offers perspectives on positive emotional states, research and theory on positive traits, coverage of positive institutions, and a look at the future of positive psychology. The Third Edition reflects significant growth in field with hundreds of new references and expanded content on topics including mindfulness, money and subjective well-being, and romantic love.

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529

Publisher

SAGE Publications

Published Date

ISBN 10

1544322933

ISBN 13

9781544322933

Toward Competition in Local Telephony

By: William J. Baumol,J. Gregory Sidak

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Toward Competition in Local Telephony

By: William J. Baumol,J. Gregory Sidak

This book discusses local competition in the telecommunications sector.

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216

Publisher

American Enterprise Institute

Published Date

ISBN 10

0844740535

ISBN 13

9780844740539

Clinton's Specialist Quota

Shaky Premises, Questionable Consequences

By: David Dranove,William D. White

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Clinton's Specialist Quota

Shaky Premises, Questionable Consequences

By: David Dranove,William D. White

This text outlines the history of attempts to supervise the supply of specialist providers, revealing the false premises of the Clinton health plan and the likely hazards of its consequences.

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American Enterprise Institute

Published Date

ISBN 10

0844770248

ISBN 13

9780844770246

How Hospitals Survived

Competition and the American Hospital

By: David Dranove,William D. White

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How Hospitals Survived

Competition and the American Hospital

By: David Dranove,William D. White

This study examines how hospitals have evolved since 1975.

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American Enterprise Institute

Published Date

ISBN 10

0844771414

ISBN 13

9780844771410

Dynamic Statutory Interpretation

By: William N. Eskridge

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Dynamic Statutory Interpretation

By: William N. Eskridge

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

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460

Publisher

Harvard University Press

Published Date

ISBN 10

0674218787

ISBN 13

9780674218789

What Has the Kyoto Protocol Wrought?

The Real Architecture of International Tradable Permit Markets

By: Robert William Hahn,Robert N. Stavins

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What Has the Kyoto Protocol Wrought?

The Real Architecture of International Tradable Permit Markets

By: Robert William Hahn,Robert N. Stavins

This volume investigates the potential performance of the Kyoto Protocol's international trading mechanisms in the presence of diverse types of domestic greenhouse policy instruments.

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Publisher

American Enterprise Institute

Published Date

ISBN 10

084477135X

ISBN 13

9780844771359

Book's by William M. LANDES

The Economic Structure of Intellectual Property Law

The Economic Structure of Intellectual Property Law

Law and Economics

Law and Economics

The Economic Structure of Tort Law

The Economic Structure of Tort Law

The Behavior of Federal Judges

The Behavior of Federal Judges

Positive Psychology

Positive Psychology

Toward Competition in Local Telephony

Toward Competition in Local Telephony

Clinton's Specialist Quota

Clinton's Specialist Quota

How Hospitals Survived

How Hospitals Survived

Dynamic Statutory Interpretation

Dynamic Statutory Interpretation

What Has the Kyoto Protocol Wrought?

What Has the Kyoto Protocol Wrought?

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