RECENT HEADNOTES ARTICLES
Crowdfunding was designed as an alternative regime to traditional securities regulation to help small businesses access capital. One problem with this new regime is that crowdfunding rules ignore the special characteristics of crowds. Crowds rely on group heuristics like the “wisdom of the crowd” and are subject to group inefficiencies like information cascades. Treating crowdfunding like traditional fundraising ignores how crowds behave […]
Excerpt: “In Rethinking Technology Neutrality, Brad Greenberg raises the provocative possibility that the principle of technology neutrality embedded in the Copyright Act of 1976 aims at worthwhile goals, but actually stymies the achievement of those objectives. Greenberg posits that technology neutrality’s laudable dual purposes of future-proofing the Copyright Act and promoting equivalent treatment of old and new technologies vis-à-vis copyright liability are […]
In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this area of the law. Although Justice Scalia’s interest in the field may have only developed late in his career, Professor David S. Schwartz notes that it will not soon be […]
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