The Essential RONALD COASE
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Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin T. Richards encouraging American innovation by providing an incentive for inventors to create. Without a Legislative Attorney patent system, the reasoning goes, there would be little incentive for invention because anyone could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
Law, Economics, and the Theory of the Firm
Buffalo Law Review Volume 52 Number 3 Article 8 7-1-2004 Law, Economics, and the Theory of the Firm Michael J. Meurer Boston University School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Law Commons, and the Legal Theory Commons Recommended Citation Michael J. Meurer, Law, Economics, and the Theory of the Firm, 52 Buff. L. Rev. 727 (2004). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol52/iss3/8 This Essay is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. Law, Economics, and the Theory of the Firm MICHAEL J. MEURERt Economic analysis of the law assumes the "shadow of the law" influences the behavior of businesses. Thus, busi- ness people consider the costs and benefits of contract litigation when they make decisions about contract per- formance, they consider the costs of tort litigation when they make investments in safety, they consider the costs of violating a regulation when they make decisions about regulatory compliance, and so on. Economic models of law typically abstract from organizational detail and treat busi- nesses as if they are represented by a single manager who controls the firm's behavior and acts to maximize its profit. This abstraction simplifies analysis but, not surprisingly, it limits the ability of analysts to fully explore some important legal policy questions. -
Ten Theses on the Firm As a Democratic Institution Anna Grandori, Bocconi University, Milan
∗ Ten theses on the firm as a democratic institution Anna Grandori, Bocconi University, Milan Abstract The paper contributes to revising the notion of the firm by a) reconstructing the conditions in which a firm-like entity may be necessary for conducting economic action; b) showing that such an entity can be established by an agreement or contract associating and dedicating partners and/or assets (in most Civil Law countries called a contract of ‘societas’); and c) arguing that such an entity, as any legally recognized association, in modern constitutional democratic legal orders, is bound to be governed according to democratic principles and procedures. Different types of firms differ according to who are the principals in the democracy, and whether the ‘societas’ is a society of assets or of people. Those theses allow to derive some other relevant implications of the nature and governance of the firm (for example, the irrelevance of the objectives pursued, and the relevance of responsibility toward third parties, for defining a firm). The whole set of propositions is exposed in ‘ten theses’. Introduction The starting question of our analysis is, so to speak, a ‘zero-based analysis’ question : When and why the constitution of an entity, such as the firm, is necessary for undertaking economic action, i.e. other ways of associating or transacting fall short from providing adequate support? What is the ‘glue’ that can bring and keep different actors together in such an entity, i.e. what is the ‘relation’ between individuals/primary groups with such an organization? Those questions lies at the core of organization theory and organizational economics ever since, and received various responses. -
The Death of the Firm
Article The Death of the Firm June Carbone† & Nancy Levit†† INTRODUCTION A corporation is simply a form of organization used by human beings to achieve desired ends. An established body of law specifies the rights and obligations of the people (including shareholders, officers, and employees) who are associated with a corporation in one way or another. When rights, whether constitutional or statutory, are ex- tended to corporations, the purpose is to protect the rights of these people.1 In the Supreme Court’s decision in Burwell v. Hobby Lob- by—and more generally in corporate and employment law—the firm as entity is disappearing as a unit of legal analysis. We use the term “firm” in this Article in the sense that Ronald Coase did to describe a form of business organization that or- ders the production of goods and services through use of a sys- tem internal to the enterprise rather than through the use of independent contractors.2 The idea of an “entity” in this sense † Robina Chair in Law, Science and Technology, University of Minneso- ta Law School. †† Curators’ and Edward D. Ellison Professor of Law, University of Mis- souri – Kansas City School of Law. We thank William K. Black, Margaret F. Brinig, Naomi Cahn, Paul Callister, Mary Ann Case, Lynne Dallas, Robert Downs, Max Eichner, Martha Fineman, Barb Glesner Fines, Claire Hill, Brett McDonnell, Amy Monahan, Charles O’Kelley, Hari Osofsky, Irma Russell, Dan Schwarcz, Lynn Stout, and Erik P.M. Vermeulen for their helpful comments on drafts of this Article and Tracy Shoberg and Shiveta Vaid for their research support. -
Introduction Robert Gibbons and John Roberts
Introduction Robert Gibbons and John Roberts Organizational economics involves the use of economic logic and methods to understand the existence, nature, design, and performance of organizations, especially managed ones. As this handbook documents, economists working on organizational issues have now generated a large volume of exciting research, both theoretical and empirical. However, organizational economics is not yet a fully recognized field in economics—for example, it has no JournalofEconomic Literature classification number, and few doctoral programs offer courses in it. The intent of this handbook is to make the existing research in organizational economics more accessible to economists and thereby to promote further research and teaching in the field. The Origins of Organizational Economics As Kenneth Arrow (1974: 33) put it, “organizations are a means of achieving the benefits of collective action in situations where the price system fails,” thus including not only business firms but also consortia, unions, legislatures, agencies, schools, churches, social movements, and beyond. All organizations, Arrow (1974: 26) argued, share “the need for collective action and the allocation of resources through nonmarket methods,” suggesting a range of possible structures and processes for decisionmaking in organizations, including dictatorship, coalitions, committees, and much more. Within Arrow’s broad view of the possible purposes and designs of organizations, many distinguished economists can be seen as having addressed organizational issues -
When Creativity Strikes: News Shocks and Business Cycle Fluctuations
When Creativity Strikes: News Shocks and Business Cycle Fluctuations Silvia Miranda-Agrippino∗ Sinem Hacıo˘gluHoke† Bank of England Bank of England Centre for Macroeconomics (LSE) Data Analytics for Finance and Macro (KCL) Kristina Bluwstein‡ Bank of England August 22, 2018 Abstract We use monthly US utility patent applications to construct an external instrument for identification of technology news shocks in a rich-information VAR. Technology diffuses slowly, and affects total factor productivity in an S-shaped pattern. Responsible for about a tenth of economic fluctuations at business cycle frequencies, the shock elicits a slow, but large and positive response of quantities, and a sluggish contraction in prices, followed by an endogenous easing in the monetary stance. The ensuing economic expansion substantially anticipates any material increase in TFP. Technology news are strongly priced-in in the stock market on impact, but measures of consumers' expectations take sensibly longer to adjust, consistent with a New-Keynesian framework with nominal rigidities, and featuring informationally constrained agents. Keywords: Technology News Shocks; Business Cycle; Identification with External Instruments; Patents Applications. JEL Classification: E23, E32, O33, E22, O34 ∗Monetary Analysis, Bank of England, Threadneedle Street, London EC2R 8AH, UK. E-mail: [email protected] Web: www.silviamirandaagrippino.com †Financial Stability, Strategy and Risk. E-mail: [email protected] Web: www.sinemhaciogluhoke.com ‡Financial Stability, Strategy and Risk. E-mail: [email protected] Web: www.kristinabluwstein.com/ We are grateful to Franck Portier, Michael McMahon, Emanuel M¨onch, and seminar partici- pants at the Bank of England for useful comments and discussions. -
6-12-03 Letter.Ppc
FRBSF ECONOMIC LETTER Number 2004-17, July 9, 2004 New Keynesian Models and Their Fit to the Data Central banks use macroeconomic models to help Hybrid New Keynesian models frame the issues that they face, to mold their ideas, Hybrid New Keynesian models have the canonical and to guide them in their decisionmaking.While model at their core, but they introduce a number a wide range of models are available, economists of important modifications.Typically these modi- are increasingly examining monetary policy issues fications seek to generate persistence in output and the design of optimal monetary policies in and inflation in order to slow down the rapid the context of “New Keynesian” macroeconomic adjustments that occur in the canonical model. models. New Keynesian models are notable for using microeconomic principles to describe the Consider, for a moment, the canonical model (see, behavior of households and firms, while allowing for example, Rotemberg and Woodford 1997). price and/or wage rigidities and inefficient market Households are assumed to smooth consumption outcomes. One particular model, often called the by saving or by borrowing against expected future canonical New Keynesian model, has received income; specifically, they save more when interest special attention, not only because it is easy to rates are high and consume more when interest work with, but also because it succinctly summa- rates are low. Firms are assumed to have some rizes the principal mechanisms through which market power, allowing those selling similar prod- policy interventions affect the economy. ucts to charge different prices. Although firms choose the price that they charge for their product, The canonical model does have some drawbacks, costs associated with changing prices—re-labeling however. -
Intellectual Property's Leviathan
KAPCZYNSKI_BOOKPROOF (DO NOT DELETE) 12/3/2014 2:10 PM INTELLECTUAL PROPERTY’S LEVIATHAN AMY KAPCZYNSKI* Neoliberalism is a complex, multifaceted concept. As such, it offers many possible points of entry into my primary field of study, that of intellectual property (IP) law. We might begin by investigating tensions between IP law and a purely economic conception of neoliberalism, for example.1 Or we might consider whether or how IP law might be “insulated from democratic governance” while also being rapidly assembled.2 In these few pages, I want to focus instead on a different line of inquiry, one that reveals the powerful grip that one particular neoliberal conception has on our contemporary imaginary: the neoliberal conception of the state. Today, both those who defend robust private IP law and their most prominent critics, I will show, typically describe Copyright © 2014 by Amy Kapczynski. This article is also available at http://lcp.law.duke.edu/. * Associate Professor of Law, Yale Law School. Many thanks to Talha Syed, David Grewal, and Jed Purdy for helpful conversation and comments. This paper is licensed under a Creative Commons Attribution-Non-Commercial 4.0 International license and should be reproduced as “first published in 77 LAW & CONTEMP. PROBS 131 (Fall 2014).” 1. Neoliberalism is commonly understood in economic terms. See, e.g., David Singh Grewal & Jedediah Purdy, Introduction: Law and Neoliberalism, 77 LAW & CONTEMP. PROBS., no. 4, 2014 at 1. David Harvey has argued, however, that neoliberalism as “a political project to re-establish the conditions for capital accumulation and to restore the power of economic elites” tends to prevail over the “economic utopian” conception of neoliberalism. -
The Property Right Paradigm Armen A. Alchian; Harold Demsetz The
The Property Right Paradigm Armen A. Alchian; Harold Demsetz The Journal of Economic History, Vol. 33, No. 1, The Tasks of Economic History. (Mar., 1973), pp. 16-27. Stable URL: http://links.jstor.org/sici?sici=0022-0507%28197303%2933%3A1%3C16%3ATPRP%3E2.0.CO%3B2-A The Journal of Economic History is currently published by Economic History Association. Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/journals/eha.html. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is an independent not-for-profit organization dedicated to and preserving a digital archive of scholarly journals. For more information regarding JSTOR, please contact [email protected]. http://www.jstor.org Thu Jun 7 08:00:21 2007 The Property Right Paradigm INTRODUCTION CONOMICS textbooks invariably describe the important eco- E nomic choices that all societies must make by the following three questions: What goods are to be produced? How are these goods to be produced? Who is to get what is produced? This way of stating social choice problems is misleading. -
Overcoming Intellectual Property Monopolies in the COVID-19 Pandemic
MSF Briefing Document July 2020 Overcoming intellectual property monopolies in the COVID-19 pandemic Médecins Sans Frontières (MSF) is responding to the global COVID-19 pandemic, providing treatment and care for people with COVID-19, protecting people living in vulnerable conditions, and ensuring uninterrupted essential health services for people suffering from other diseases.1 Having universal access to existing and future tools for treatment, diagnosis and prevention is critical. MSF has repeatedly witnessed how exclusive rights and monopolies granted to pharmaceutical corporations, resulting in high prices and blocking generic competition, have had a negative impact on our medical actions in different countries.2 For example, in the past, high prices for patented medicines have undermined the capacity of countries to provide access to treatment for HIV/AIDS, tuberculosis (TB), hepatitis C and cancer to all patients who need them. However, the impact of intellectual property (IP) monopolies is not limited to drugs. The availability of more affordable pneumococcal conjugate vaccine and human papillomavirus vaccine in low- and middle-income countries has been delayed due to unmerited patents on key technologies blocking follow-on producers.3 Intellectual property monopolies in the COVID-19 pandemic While several of the drugs being trialled as COVID-19 treatments are now off patent, patented drugs and experimental drugs are also being trialled, and some of which are under patent protection in many developing countries.4 With control over the market as a result of patents or other exclusive rights, pharmaceutical companies could determine how global production and supply chain are organised, who ultimately has access, who can produce medicines and where they can be supplied. -
DOUGLASS C. NORTH and NON-MARXIST INSTITUTIONAL DETERMINISM Joseph R
Journal of Libertarian Studies Volume 16, no. 4 (Fall 2002), pp. 101–137 2002 Ludwig von Mises Institute www.mises.org DOUGLASS C. NORTH AND NON-MARXIST INSTITUTIONAL DETERMINISM Joseph R. Stromberg* Men imprison themselves within structures of their own creation because they are self-mystified. — Edward Palmer Thompson1 Douglass North has written many essays and books over forty or more years in which he has sought to reintegrate economic theory and economic history. His project became more and more ambitious over time, producing interesting insights, questions, and narratives. His early interests and work centered on the economics of location, transpor- tation costs, and interregional economic relations in American history. In mid-career, he seized on transaction costs—modified from time to time by other “variables”—as the main motor of history, economic history, and institutional development. It was North’s approach to combining history and theory that help- ed him bring into being the New Economic History and, later, what North and his school call the New Institutional History. For his efforts, North shared the 1993 Nobel Prize in Economics with Robert W. Fogel, a University of Chicago economist who is a major practitioner of Cliometrics, or quantitative economic history. The Nobel Comm- ittee cited North and Fogel “for having renewed research in economic history by applying economic theory and quantitative methods in order to explain economic and institutional change.”2 *Historian-in-Residence, Ludwig von Mises Institute, Auburn, Alabama. 1E.P. Thompson, The Poverty of Theory and Other Essays (London: Merlin Press, 1978), p. 165. 2“Press Release,” The Bank of Sweden Prize in Economic Sciences in Memory of Alfred Nobel, www.nobel.se/economics/laureates/1993/press.html. -
The Contribution of Douglass North to New Institutional Economics Claude Ménard, Mary M
The Contribution of Douglass North to New Institutional Economics Claude Ménard, Mary M. Shirley To cite this version: Claude Ménard, Mary M. Shirley. The Contribution of Douglass North to New Institutional Economics. Sebastian Galani, Itai Sened. Institutions, Property Rights and Economic Growth: The legacy of Douglass North, Cambridge University Press, pp.11-29, 2014, 9781107041554. 10.1017/CBO9781107300361.003. hal-01315473 HAL Id: hal-01315473 https://hal.archives-ouvertes.fr/hal-01315473 Submitted on 13 May 2016 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. THE CONTRIBUTION OF DOUGLASS NORTH TO NEW INSTITUTIONAL ECONOMICS Claude Ménard And Mary M. Shirley Chap. 1, pp. 11-29 In: INSTITUTIONS, PROPERTY RIGHTS, and ECONOMIC GROWTH. The Legacy of Douglass Nortrh. S. Galiani and I. Sened (eds.), Cambridge: Cambridge University Press 2014 2 The Contribution of Douglass North to New Institutional Economics By Claude Ménard and Mary M. Shirley 1 Abstract Douglass North, along with Ronald Coase, Elinor Ostrom, and Oliver Williamson, transformed the early intuitions of new institutional economics into powerful conceptual and analytical tools that spawned a robust base of empirical research. NIE arose in response to questions not well explained by standard neoclassical models, such as make or buy? Or, why rich or poor? Today NIE is a success story by many measures: four Nobel laureates in under 20 years, increasing penetration of mainstream journals, and significant impact on major policy debates from anti-trust law to development aid.