This paper looks at cybersecurity and the protection of critical national infrastructure, as an area of systemic risk to society. In particular, it looks at the obligations and potential penalties which apply to cloud providers under the regulatory framework established by the EU’s Network and...

With three waves of internal energy market legislation already adopted and a fourth just tabled, a key question is “do we have an institutional structure that can effectively deliver the ambitious goals of the EU energy and climate change policy?”. To answer this question, the chapter...

Sham litigation is a practice whereby a competitor misuses the adjudicatory system for the purpose of preventing or delaying the entry of competing products in the market. As a consequence, consumers cannot benefit from a decrease of prices that would otherwise take place. The effects of this...

In this second version of this working paper, Emile Loza discusses the need to conceptualize innovation as a market system and identifies some of the actors, types of capital, and legal infrastructure needed to accelerate the deployment of innovation and improve the sustainability of innovators....

September 11 changed the American economy and the global insurance market. The insurance industry no longer covers terrorism risk for "free." The traditional insurance mechanism alone cannot spread the risk of repeated catastrophic losses. Beyond the Terrorism Risk Insurance Act of 2002 lingers...

This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended...

The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...

What are the key factors that facilitate innovation and creativity? This chapter begins by challenging the traditional emphasis on IP rights as an incentive to innovate. While it is true, that IP rights provide for a much needed tool to protect creative ideas, we argue that a much more important...

On May 14, 2018, the U.S. Supreme Court held in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act (“PASPA”) violated the Tenth Amendment of the U.S. Constitution, and thus the U.S. government may not use PASPA to prevent states from...