German Big Tech Actions Undermine the DMA
The complexity of the European Union’s Digital Markets Act (DMA) raises various difficult interpretative questions. Chief among them is whether the EU law is . . .
Knowledge and Decisions in the Information Age: The Law & Economics of Regulating Misinformation on Social-Media Platforms
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Making Sense of the Google Android Decision
The European Commission’s recent Google Android decision will go down as one of the most important competition proceedings of the past decade. Yet, in-depth reading . . .
Understanding ownership and property in the Digital Age
What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in . . .
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Knowledge and Decisions in the Information Age: The Law & Economics of Regulating Misinformation on Social-Media Platforms
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in . . .
A Report Card on the Impact of Europe’s Privacy Regulation (GDPR) on Digital Markets
This Article will evaluate the consequences of the General Data Protection Regulation (“GDPR”) implemented by the European Union (“EU”) in 2018. Despite its aim . . .
L’Intelligence Artificielle Générative et Actifs Concurrentiels Critiques : Discussion de L’Essentialité des Données
Résumé Le développement de l’Intelligence Artificielle (IA) générative fait l’objet d’une attention particulière de la part des autorités de concurrence. Ses impacts peuvent être déterminants . . .
Lessons from GDPR for AI Policymaking
The ChatGPT chatbot has not just caught the public imagination; it is also amplifying concern across industry, academia, and government policymakers interested in the . . .
Can You Keep a Secret? Banning Noncompetes Does Not Increase Trade Secret Litigation
As bans on noncompete agreements (NCAs) become more frequent, commentators are increasingly concerned that costly trade secret litigation will rise. The logic underlying this . . .
A Choice-of-Law Alternative to Federal Preemption of State Privacy Law
Executive Summary A prominent theme in debates about US national privacy legislation is whether federal law should preempt state law. A federal statute could create . . .
The Treasury Standard: Causes and Consequences
The U.S. dollar is the global reserve currency and the U.S. Treasury security is the global reserve asset. Conventional explanations suggest that this state . . .
Utility, Copyright, and Fair Use after Warhol
This paper is a reaction to AWE v. Goldsmith (Warhol), which found that Warhol’s adaptation of a photograph of Prince, taken by photographer Lynn . . .
A Competition Perspective on Physician Non-Compete Agreements
Physician non-compete agreements may have significant competitive implications, and effects on both providers and patients, but they are treated variously under the law on . . .