Jack Goldsmith

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Once purchased, information goods are often shared among groups of consumers. Computer software, for example, can be duplicated and passed from one user to the next. Journal articles can be copied. Music can be dubbed. In this paper, we ask whether these various forms of sharing undermine seller profit. We compare profitability under the assumption that(More)
AFFILIATIONS: REVERCOMB, TOBIN, KNUTESON, FELTZ—University of Wisconsin—Madison, Madison, Wisconsin; TURNER, BARNARD, MORRIS—Pacific Northwest National Laboratory, Richland, Washington; BÖSENBERG, LINNÉ—Max Planck Institute for Meteorology, Hamburg, Germany; CLOUGH—Atmospheric and Environmental Research, Inc., Lexington, Massachusetts; COOK, LESHT,(More)
Research firms disclose a surprisingly large amount of information to the public. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses as a way of creating prior art that might stop rivals from patenting. But(More)
Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures; that is, disclosures intended to make the patent office aware that potentially patentable information is already in the public domain. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm(More)
Do human rights treaties improve human rights conditions on the ground? In the end, this critical question is empirical in character. The effectiveness of any regulatory strategy turns on whether its rules and institutions actually mitigate the problems they are designed to address. Although empirical questions require empirical study, bad data is worse(More)
Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests Copyright © 2004 by Ryan Goodman and Derek Jinks. † J. Sinclair Armstrong Assistant Professor of Foreign, International, and Comparative Law, Harvard Law School. J.D., Yale Law(More)
The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained empirically untested. We create a dataset of 465 state-court(More)
This article benefited greatly from presentations before the faculties of Boston University School of Law, Harvard Law School, the University of Maryland School of Law, the University of Michigan School of Law, and the University of Pennsylvania Law School. I wish to thank especially the participants of the Faculty Works-in-Progress at the University of(More)
INTRODUCTION...................................................................................................... 102 I. THE FORM DISSENT TAKES................................................................................ 108 A. The Identity of the Dissenter........................................................................ 108 B. What Makes(More)