Error Costs vs Accuracy Benefits
Query: Do those who rely heavily on error cost analysis also account for accuracy benefits? Should they? Error costs are… Read More »Error Costs vs Accuracy Benefits
Brett Frischmann
draft on the economics of speech and the First Amendment
I’ve just posted an essay on ssrn that explores the economics of speech and the First Amendment. (The abstract is below the fold.) The essay is meant to be a work in progress, an exploratory essay, and potentially a seed for future work. [Do people still use ssrn for rough works in progress? I hope so.] I welcome comments and criticisms.
Read More »draft on the economics of speech and the First Amendment
Don’t regulate me or I’ll capture you!
Does the public choice critique of government boil down to the following (threat)? “Don’t regulate me or I’ll capture you!”… Read More »Don’t regulate me or I’ll capture you!
Traditional Contours
A few weeks ago, I gave a talk at the Fordham Intellectual Property, Media and Entertainment Law Journal symposium, Where Do We Go From Here? In fact, I gave two talks, one on a copyright panel and another on a trademark panel. But really, I gave one talk that extended across both panels. My talk was about the intersection of the First Amendment and intellectual property systems. I made a few points, which I’ll summarize below the fold:
Network Neutrality
Frank has a nice post over at Concurring Opinions that blasts the DOJ’s ex parte comments to the FCC on network neutrality. Scott Bradner does the same here.
Barbara van Schewick and I have just posted a paper, Network Neutrality and the Economics of an Information Superhighway: A Reply to Professor Yoo, on the Social Science Research Network. Once again, we wade into the debate on network neutrality and challenges many of the economic arguments relied on by opponents of network neutrality.  Our abstract is below the fold: