Mutual Optimism and Risk Preferences in Litigation
Why do some legal disputes fail to settle? From a bird’s eye view, the literature offers two categories of reasons. One consists of arguments . . .
Mutual Optimism and Risk Preferences in Litigation
When Should Governments Invest More in Nudging? Revisiting Benartzi et al. (2017)
Highly influential recent work by Benartzi et al. (2017) argues—based on comparisons of the respective effectiveness and costs of behavioral interventions (or nudges) versus . . .
Regulating Routing in Payment Networks
ICLE white paper looks at proposals from Congress and the Federal Reserve to mandate routing requirements on credit cards and other payment networks.
Zero-Price Platform Services: There is No Free Lunch in Applying the ‘No Free Lunch’ Principle
The well-known economic principle that “there is no such thing as a free lunch” (NFLP) has enjoyed a recent revival in the assessment of . . .
An Historical and Empirical Analysis of the Cy-Près Doctrine
Cy près is a pivotal doctrine in estate law and indeed American jurisprudence. It places courts in the shoes of settlors of charitable trusts . . .
European Proposal for a Data Act: A First Assessment
INTRODUCTION AND BACKGROUND On 23 February 2022, the European Commission unveiled its proposal for a Data Act (DA).[1] As declared in the Impact Assessment,[2] the . . .
Artificial Intelligence: Opportunities and Managerial Challenges
English Abstract While the use of artificial intelligence for pricing, search or matching algorithms generates efficiency gains that primarily benefit consumers, firms must be aware . . .
Market Failure and Censorship in the Marketplace of Ideas
Use of the familiar metaphor of the exchange of ideas as a “marketplace” has historically presumed that free and uninhibited competition among ideas will . . .
Intellectual Property and Transactional Choice: Rethinking the IP/Antitrust Dichotomy
It is common to characterize patents as monopolies. This assumption, which underlies the standard dichotomy between intellectual property and antitrust law, is challenged by . . .