The efficiency of controlling corporate self-dealing: theory meets reality
Article Abstract:
There are two models of regulating corporate transactions with conflicted parties. "Property rules" require the permission of all stakeholders before a transactions proceeds, while "liability rules" require that compensation be provided to stakeholders over whose objections a transactions moves forward. Neither model is optimal for every jurisdiction; there are several characteristics that determine which model is best for a particular jurisdiction.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 2003
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Cyberspace as place and the tragedy of the digital anticommons
Article Abstract:
Thinking of cyberspace as a "place" has important influences on the regulation of cyberspace. Most significantly, it has led to the translation of property rights into the Internet sphere. This trend threatens to destroy the nature of the Internet as a freely available resource and divide it into cells of private property which can only be accessed expensively and inconveniently.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 2003
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Gutenberg's legacy: copyright, censorship, and religious pluralism
Article Abstract:
Copyright law can and has been used to stifle the religious freedom of small sects which break away from larger groups. Copyright infringement suits have prevented such sects from printing and distributing religious literature important to their beliefs. In many such instances, the doctrine of fair use should operate to protect the sects' rights to distribute religious texts.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 2003
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