The Yale Law Journal

Results for 'marketplace'

Forum: A Trademark Defense of the Disparagement Bar

saw no such purpose. In contrast, one dissent argued that the bar promotes commerce by targeting stigmatizing insults that disrupt the marketplace. Fair

Toward an Efficient Licensing and Rate-Setting Regime: Reconstructing § 114(i) of the Copyright Act

“that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller

Forum: Why Blogs Are Bad for Legal Scholarship

blogosphere. The marketplace, through the price mechanism, may give us knowledge of what people want, but what people want is hostage to their ignorance and

Forum: IP Essentialism and the Authority of the Firm

owners in the global marketplace can be redesigned to account for the provision of global public goods.Indeed, the evolution, operation, and success of A2K

Law and Technology

strengthened by evolution, new legislation would be a more ra… Forum Rebecca Haw Allensworth Today, the digital marketplace is dominated by only a handful of

Forum: Dominant Digital Platforms: Is Antitrust Up to the Task?

messaging. Amazon controls a substantial share of online retail commerce and charges large fees to sellers who sell through its Marketplace. Not only do

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law

Meanwhile, parties have become potential paths for subversion. Party-centered election-law theory, and the First Amendment marketplace-of-ideas

Spinning Secrets: The Dangers of Selective Declassification

this Note uses First Amendment theory to show how its harms are rooted in the manipulation of the marketplace of ideas. To see why those harms last

Amazon’s Antitrust Paradox

the twenty-first century marketplace. In other words, the potential harms to competition posed by Amazon’s dominance are not cognizable if we assess

Legal Philosophy

effects instead t… Article Drawing on various forms of business law, this Article argues that misconduct in the marketplace can wrong other market