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Full-Text Articles in Policy Design, Analysis, and Evaluation

Frand And Antitrust, Herbert J. Hovenkamp Aug 2019

Frand And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This paper considers when a patentee’s violation of a FRAND commitment also violates the antitrust laws. It warns against two extremes. First, is thinking that any violation of a FRAND obligation is an antitrust violation as well. FRAND obligations are contractual, and most breaches of contract do not violate antitrust law. The other extreme is thinking that, because a FRAND violation is a breach of contract, it cannot also be an antitrust violation.

Every antitrust case must consider the market environment in which conduct is to be evaluated. SSOs operated by multiple firms are joint ventures. Antitrust’s role ...


La Seguridad Ambiental Y Su Incidencia En La Sostenibilidad Del Medio Ambiente. Caso: Minería Ilegal En La Región Del Chocó Biogeográfico, María Alejandra Colorado Patiño, William Sebastián Real Nuñez, Juan Sebastián Cañon Caro Jan 2019

La Seguridad Ambiental Y Su Incidencia En La Sostenibilidad Del Medio Ambiente. Caso: Minería Ilegal En La Región Del Chocó Biogeográfico, María Alejandra Colorado Patiño, William Sebastián Real Nuñez, Juan Sebastián Cañon Caro

Negocios y Relaciones Internacionales

Los cambios en la Sociedad Mundial han permitido ampliar la discusión en la comunidad académica respecto al alcance de la seguridad a nivel contemporáneo. La globalización planteará la emergencia de una mirada o dimensión humana u holística, en paralelo a aquella estatista que fortalece el papel del realismo político. Ambas alternativas pretenden responder a los retos del siglo XXI. La presente monografía de investigación examina tres aspectos principales: primero, el cambio en la construcción del concepto de Seguridad en términos teóricos. Segundo, una revisión de alcance normativo acerca de los ejes que constituyen la Seguridad Ambiental en la región; y ...


Us China Trade Dispute Over Intellectual Property, Mozi Luo May 2018

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic ...


Smarter Crm From A Customer Service Perspective: A Process Evaluation On The City Of San José'S My San Jose Smartphone Application For City Services, Roxanna Moradi May 2018

Smarter Crm From A Customer Service Perspective: A Process Evaluation On The City Of San José'S My San Jose Smartphone Application For City Services, Roxanna Moradi

Master's Projects

This research paper provides background on the City of San José’s smart phone application history and reviews other similar municipal smart phone applications. It also analyzes current literature on implementations of non-emergency service communications and service requests (311). Primarily, this research paper investigates whether the functioning of the My San Jose smartphone application and website platforms are meeting the intended goal of improving the customer experience for city services.

This paper analyzes My San Jose raw service request data to review performance. In addition, this paper analyzes qualitative information gathered from semi-structured interviews of City of San José employees ...


Policy Of Current Hospital Translation Services And Recommendations For Future Adjustments For Spanish-Speaking Patients, Isidora Rose Beach May 2018

Policy Of Current Hospital Translation Services And Recommendations For Future Adjustments For Spanish-Speaking Patients, Isidora Rose Beach

Chancellor’s Honors Program Projects

No abstract provided.


Dismantling The Climate Denial Machine: Theory And Methods, David A. Mickolas Apr 2017

Dismantling The Climate Denial Machine: Theory And Methods, David A. Mickolas

Senior Theses and Projects

Many Americans do not believe in the existence of climate change, and even those who believe climate change exists often seriously underestimate its potential harms as predicted by the world's best scientific organizations. Most political scholars agree that much higher consensus among American citizens is necessary to create necessary policy reform to mitigate climate change, both in the US and at large. However, there are also organizations who actively wish to deter and decrease belief in climate change among US citizens, not for the sake of scientific skepticism, but for personal benefit from preventing policy reform. This text examines ...


Yale’S Environmental Performance Index: The Construction And Use Of A Composite Index For Global Sustainability, Zach Wendling Jan 2017

Yale’S Environmental Performance Index: The Construction And Use Of A Composite Index For Global Sustainability, Zach Wendling

Yale Day of Data

No abstract provided.


The Government Role In Creating Innovation Technological Clusters In Developing Countries (The Case Of Saudi Arabia), Khalid Mahmoud Dashash, Khalid Mahmoud Dashash Jan 2017

The Government Role In Creating Innovation Technological Clusters In Developing Countries (The Case Of Saudi Arabia), Khalid Mahmoud Dashash, Khalid Mahmoud Dashash

Doctoral Dissertations

Many governments around the world are committed to the idea of creating high-tech industries in their territories. Often they do so by imitating other well-recognized models such as the Silicon Valley. This dissertation investigated three countries economic development plans to understand how government policies could support or hinder the establishment of an Innovation Systems in developing countries.

This dissertation claims that to create a successful high technological innovation cluster in any area, a successful innovation needs to be existed to support these clusters.

This study used a comparative qualitative pragmatic method that implemented both case study and process tracing to ...


Avoiding The Pitfalls Of Net Uniformity: Zero Rating And Nondiscrimination, Christopher S. Yoo Nov 2016

Avoiding The Pitfalls Of Net Uniformity: Zero Rating And Nondiscrimination, Christopher S. Yoo

Faculty Scholarship at Penn Law

The current debate over network neutrality has not fully appreciated how service differentiation can benefit consumers and promote Internet adoption. On the demand-side, service differentiation addresses the primary obstacle to adoption, which is the lack of perceived need for Internet service, and reflects the growing heterogeneity of consumer demand. On the supply-side, monopolistic competition has long underscored how product differentiation can create stable equilibria with multiple providers – notwithstanding the presence of unexhausted economies of scale – by allowing competitors to target subsegments of the overall market that place a higher value on particular services. Conversely, prohibiting service differentiation would restrict competition ...


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo Nov 2016

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship at Penn Law

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


Social Ecological Food Systems: Sustainability Lessons From Maine Dairy Networks, Julia B. Mcguire Aug 2016

Social Ecological Food Systems: Sustainability Lessons From Maine Dairy Networks, Julia B. Mcguire

Electronic Theses and Dissertations

Milk production has played an integral role in the culture, landscape, and economy of Maine’s agriculture. Maine dairy farmers have faced numerous sustainability challenges to economic, environmental, and social aspects of their industry. Like many other complex social ecological systems, the Maine dairy industry faces a gap between scientific knowledge and actionable management or policy. A cultural dichotomy exists between conventional and organic farming. Shifting the focus from this binary, metrics such as social capital may play a key role in solving sustainability issues. Difficulties arise in the governance of complex social ecological systems when the scales of assessment ...


Optimizing Government For An Optimizing Economy, Cary Coglianese Jan 2016

Optimizing Government For An Optimizing Economy, Cary Coglianese

Faculty Scholarship at Penn Law

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not ...


American Obesity: Rooted In Uncertainty, Institutions And Public Policy, James Woodward Jan 2016

American Obesity: Rooted In Uncertainty, Institutions And Public Policy, James Woodward

Theses and Dissertations--Public Policy and Administration

Despite the efforts of policymakers, medical professionals, and other stakeholders, obesity and related health problems show no signs of receding from their record-high rates. Public policy has largely taken the form of consumer advice, (e.g., USDA’s Dietary Guidelines). Since consumers bear most of the costs associated with their obesity, the goal of obesity prevention appears to be incentive-compatible, prima facie. That is, there is no a priori case for much further policy intervention unless existing advice is deficient or consumers’ exhibit systematically poor decision-making.

My review of the literature shows that scholars have long conveyed a consistent narrative ...


The Relevance Of Economic, Institutional And Cultural Determinants For Venture Capital Investments. A Us-Europe Comparison., Nadja Benes May 2015

The Relevance Of Economic, Institutional And Cultural Determinants For Venture Capital Investments. A Us-Europe Comparison., Nadja Benes

Master's Theses

This study analyzes the determinants of early-stage VC investments by identifying characteristics in the economic, institutional, as well as cultural framework that could explain the diverging levels of early-stage VC investments across countries. Data was assembled for 16 countries during the period from 1995 until 2013. The results indicate that countries that are more open to trade are associated with higher levels in early-stage venture capital. A higher unemployment rate negatively affects a country’s level of early-stage VC funds. Higher R&D expenditures as a proxy for the technological and innovation capacity in a country as well as a ...


Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo Apr 2015

Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo

Faculty Scholarship at Penn Law

The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.


New Start From Old Beginnings?, Michaela Ruhlmann Apr 2015

New Start From Old Beginnings?, Michaela Ruhlmann

History Capstone Research Papers

This paper examines the extent of which START I and New START achieved effective balance of power between the United States and Russia. It addresses the purpose, agreements and the impact of START I and New Start on the effectiveness in accomplishing global balance of power. This paper argues that while the original START I accomplished a global balance of power by equalizing reduction of nuclear arsenals in both countries, but that New START did not accomplish a long-term global balance of power. To best demonstrate this, “New START from Old Beginnings?” covers START I’s historical context, examine its ...


A Market-Oriented Analysis Of The 'Terminating Access Monopoly' Concept, Jonathan E. Nuechterlein, Christopher S. Yoo Jan 2015

A Market-Oriented Analysis Of The 'Terminating Access Monopoly' Concept, Jonathan E. Nuechterlein, Christopher S. Yoo

Faculty Scholarship at Penn Law

Policymakers have long invoked the concept of a “terminating access monopoly” to inform communications policy. Roughly speaking, the concept holds that a consumer-facing network provider, no matter how small or how subject to retail competition, generally possesses monopoly power vis-à-vis third-party senders of communications traffic to its customers. Regulators and advocates have routinely cited that concern to justify regulatory intervention in a variety of contexts where the regulated party may or may not have possessed market power in any relevant retail market.


Despite the centrality of the terminating access monopoly to modern communications policy, there is surprisingly little academic literature ...


Public Good Economics And Standard Essential Patents, Christopher S. Yoo Aug 2014

Public Good Economics And Standard Essential Patents, Christopher S. Yoo

Faculty Scholarship at Penn Law

Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).

To date ...


Interpreting, Stephanie Jo Kent May 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and ...


The Use Of Citation Speed To Understand The Effects Of A Multi-Institutional Science Center, Jan Youtie Jan 2014

The Use Of Citation Speed To Understand The Effects Of A Multi-Institutional Science Center, Jan Youtie

Jan Youtie

The extent to which an article attracts citations has long been of interest. However, recent research has emphasized not just the receipt but also the pacing of citation. Citation speed has been shown to be affected by journal prestige and self-citation but also public funding of research. Amidst these viewpoints, this paper explores the speed of article citation of a multi-institutional, multi-disciplinary publicly funded research center relative to that of a comparison group of articles. Results indicate that articles by authors affiliated with the center are significantly more likely to have early-cited papers within the year of publication than the ...


Much Ado About Cyber-Space: Cyber-Terrorism And The Reformation Of The Cyber-Security, Christian Pedersen Jan 2014

Much Ado About Cyber-Space: Cyber-Terrorism And The Reformation Of The Cyber-Security, Christian Pedersen

Pepperdine Policy Review

The threats residing in cyber-space are becoming well understood by policymakers and security experts alike. However, cyber-security defenses and strategies cannot solely be directed towards nation states, as non-governmental actors – such as transnational crime groups and terrorist organizations are becoming increasingly reliant upon internet technologies. Attacks on the digital components of the critical infrastructure, have the potential to unleash devastation on the United States. In a time when reliability and ethnicity of the National Security Administration, the Nation’s leading digital intelligence organization, are becoming increasingly questioned; defensive measures need to be improved to prevent future attacks and improve the ...


Possible Paradigm Shifts In Broadband Policy, Christopher S. Yoo Jan 2014

Possible Paradigm Shifts In Broadband Policy, Christopher S. Yoo

Faculty Scholarship at Penn Law

Debates over Internet policy tend to be framed by the way the Internet existed in the mid-1990s, when the Internet first became a mass-market phenomenon. At the risk of oversimplifying, the Internet was initially used by academics and tech-savvy early adopters to send email and browse the web over a personal computer connected to a telephone line via networks interconnected through in a limited way. Since then, the Internet has become much larger and more diverse in terms of users, applications, technologies, and business relationships. More recently, Internet growth has begun to slow both in terms of the number of ...


Technological Determinism And Its Discontents, Christopher S. Yoo Jan 2014

Technological Determinism And Its Discontents, Christopher S. Yoo

Faculty Scholarship at Penn Law

This book review takes a critical review of the claim advanced by Susan Crawford in Captive Audience that the merger between Comcast and NBC Universal would harm consumers and that policymakers should instead promote common carriage regulation and subsidize municipal symmetrical gigabit fiber-to-the-home (FTTH). First it evaluates the extent to which next-generation digital subscriber lines (DSL) and wireless broadband technologies can serve as effective substitutes for cable modem service, identifying FCC data showing that the market has become increasingly competitive and likely to continue to do so. Furthermore, the market is not structured in a way that would permit the ...


Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo Jan 2014

Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo

Faculty Scholarship at Penn Law

The D.C. Circuit’s January 2014 decision in Verizon v. FCC represented a major milestone in the debate over network neutrality that has dominated communications policy for the past decade. This article analyzes the implications of the D.C. Circuit’s ruling, beginning with a critique of the court’s ruling that section 706 of the Telecommunications Act of 1996 gave the Federal Communications Commission (FCC) the authority to mandate some form of network neutrality. Examination of the statute’s text, application of canons of construction such as ejusdem generis and noscitur a sociis, and a perusal of the ...


Competition For Innovation, Herbert J. Hovenkamp Dec 2013

Competition For Innovation, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The problems include high information costs and lack of sufficient knowledge, special interest capture, and the jury trial system, to name a few. More fundamentally, antitrust law and intellectual property law have looked at markets in very different ways. Further, over the last three decades antitrust law has undergone a reformation process that has made it extremely self conscious about its goals. While the need for such reform is at least as apparent in patent and copyright law, very little true reform has actually occurred.

Antitrust has ...


A Federalist George W. Bush And An Anti-Federalist Barack Obama? The Irony And Paradoxes Behind Republican And Democratic Administration Drug Policies, José Villalobos Aug 2013

A Federalist George W. Bush And An Anti-Federalist Barack Obama? The Irony And Paradoxes Behind Republican And Democratic Administration Drug Policies, José Villalobos

José D. Villalobos

During President George W. Bush’s tenure in the White House, his administration stood clearly against state-level efforts in California and elsewhere to decriminalize soft drugs. Despite his loyalty to smaller government values and state sovereignty on other issues, the prospect of state-level drug decriminalization led Bush to pursue federal means of enforcing anti-drug laws. Years later, President Barack Obama, though known for his reputation as a federalist, shifted power over drug policy enforcement more towards the state level as a means to allow certain states to enact drug decriminalization policies at their will, particularly with respect to medicinal marijuana ...


Technology And Privacy (Editorial), Michael Friedewald, Ronald J. Pohoryles Apr 2013

Technology And Privacy (Editorial), Michael Friedewald, Ronald J. Pohoryles

Michael Friedewald

No abstract provided.


Reconciling Privacy And Security, Marc Van Lieshout, Michael Friedewald, David Wright, Serge Gutwirth Apr 2013

Reconciling Privacy And Security, Marc Van Lieshout, Michael Friedewald, David Wright, Serge Gutwirth

Michael Friedewald

This paper considers the relationship between privacy and security and, in particular, the traditional ‘‘trade-off’’ paradigm. The issue is this: how, in a democracy, can one reconcile the trend towards increasing security (for example, as manifested by increasing surveillance) with the fundamental right of privacy? Our political masters justify their intrusions upon our privacy with proclamations of the need to protect the citizenry against further terrorist attacks like those that have already marred the early twenty-first century. The surveillance industry has been quick to exploit this new market opportunity, supported as it is by inexorable technological ‘‘progress’’ in devising new ...


Critical Thinking About Political Problems, Robert Hoppe, Margarita Jeliazkova Jan 2013

Critical Thinking About Political Problems, Robert Hoppe, Margarita Jeliazkova

Robert Hoppe

No abstract provided.


Seven Types Of Privacy, Rachel L. Finn, David Wright, Michael Friedewald Jan 2013

Seven Types Of Privacy, Rachel L. Finn, David Wright, Michael Friedewald

Michael Friedewald

No abstract provided.