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Florida State University, Law, Business & Economics Research Paper Series

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1.

Leaders Are Not Fiduciaires

Alabama Law Review, Forthcoming
Number of pages: 53 Posted: 10 Dec 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 27
2.

Recovery for Causing Tax Overpayment - Lyeth v. Hoey and Clark Revisited

The Tax Lawyer (Forthcoming)
Number of pages: 26 Posted: 04 Dec 2020
Accepted Paper Series
University of Michigan Law School and Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 29
3.

Evidence Law and Empirical Psychology

Philosophical Foundations of Evidence Law __ (Oxford Univ. Press 2021), FSU College of Law, Law, Business & Economics Paper No. 20-18
Number of pages: 21 Posted: 21 Sep 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 49
4.

Tax and Cross-Collateralized Nonrecourse Liability

24 Florida Tax Review __ (2021), U of Michigan Public Law Research Paper Forthcoming, FSU College of Law, Public Law Research Paper No. 928, FSU College of Law, Law, Business & Economics Paper No. 20-15
Number of pages: 20 Posted: 09 Sep 2020
Accepted Paper Series
University of Michigan Law School and Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 37
5.

Anti-Science Ideology

FSU College of Law, Law, Business & Economics Paper No. 20-17
Number of pages: 55 Posted: 04 Sep 2020 Last Revised: 04 Jan 2021
Working Paper Series
Florida State University - College of Law
Downloads 73
6.

The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Research Paper 116, South Centre, Geneva (August 2020), FSU College of Law, Public Law Research Paper No. 930, FSU College of Law, Law, Business & Economics Paper No. 20-16
Number of pages: 40 Posted: 28 Aug 2020
Working Paper Series
Florida State University - College of Law
Downloads 211
7.

Firms: An Economic Perspective

FSU College of Law, Law and Economics Paper No. 06-31, FSU College of Law, Public Law Research Paper No. 182
Number of pages: 14 Posted: 10 Aug 2020 Last Revised: 11 Aug 2020
Working Paper Series
University of Illinois College of Law
Downloads 1,346
8.

Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic

Journal of International Economic Law (Oxford), Volume 23, Issue 3, pp. 535-561, Sept. 2020, FSU College of Law, Law, Business & Economics Paper No. 20-14, Duke Law School Public Law & Legal Theory Series No. 2020-46, FSU College of Law, Public Law Research Paper No. 927
Number of pages: 27 Posted: 25 Jul 2020 Last Revised: 17 Nov 2020
Working Paper Series
Florida State University - College of Law and Duke University School of Law
Downloads 218
9.

Fiduciary Boilerplate

Journal of Corporation Law, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 20-13
Number of pages: 71 Posted: 13 Jul 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 113
10.

Proof Discontinuities and Civil Settlements

Theoretical Inquiries in Law (2020 Forthcoming), FSU College of Law, Public Law Research Paper No. 924, FSU College of Law, Law, Business & Economics Paper No. 20-12
Number of pages: 58 Posted: 22 May 2020
Accepted Paper Series
Florida State University College of Law
Downloads 28
11.

Copyright and Attention Scarcity

Cardozo Law Review, 2020, FSU College of Law, Law, Business & Economics Paper No. 20-08
Number of pages: 68 Posted: 15 May 2020 Last Revised: 21 Aug 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 66
12.

Res Ipsa Loquitur: Reducing Confusion or Creating Bias?

Kentucky Law Journal, Vol. 108, 2020, Penn State Law Research Paper No. 09-2020, FSU College of Law, Law, Business & Economics Paper No. 20-11
Number of pages: 62 Posted: 31 Mar 2020 Last Revised: 21 Aug 2020
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and The Pennsylvania State University (University Park) – Penn State Law
Downloads 42
13.

Brief of Trademark and Internet Law Professors as Amici Curiae in Support of Respondent

FSU College of Law, Public Law Research Paper No. 923, FSU College of Law, Law, Business & Economics Paper No. 20-10
Number of pages: 46 Posted: 18 Mar 2020
Working Paper Series
Florida State University - College of Law
Downloads 22
14.

LLC Default Rules Are Hazardous to Member Liquidity

FSU College of Law, Public Law Research Paper No. 900, FSU College of Law, Law, Business & Economics Paper No. 20-01, 76 Business Lawyer 151 (2020)
Number of pages: 32 Posted: 22 Jan 2020 Last Revised: 14 Jan 2021
Accepted Paper Series
Florida State University College of Law
Downloads 107
15.

Under the Radar: Reflections on ‘Forced’ Technology Transfer and the Erosion of Developmental Sovereignty

Under the Radar: Reflections on ‘Forced’ Technology Transfer and the Erosion of Developmental Sovereignty, GRUR International (Oxford), forthcoming 2020, FSU College of Law, Public Law Research Paper No. 915, FSU College of Law, Law, Business & Economics Paper No. 20-07
Number of pages: 4 Posted: 23 Dec 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 34
16.

Technology Governance in a Devolved Global Legal Order: Lessons From the China-USA Strategic Conflict

Technology Governance in a Devolved Global Legal Order: lessons from the China-USA strategic conflict, in A New Global Economic Order, Cheng Chia-Jui, et al, eds. (Brill/Nijhoff Publishers) (2020/2021 Forthcoming), FSU College of Law, Public Law Research Paper No. 214, FSU College of Law, Law, Business & Economics Paper No. 20-06
Number of pages: 25 Posted: 23 Dec 2019 Last Revised: 05 Dec 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 42
17.

Placebo Marks

Pepperdine Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 20-05
Number of pages: 72 Posted: 07 Oct 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 48
18.

Responses to Liability Immunization: Evidence from Medical Devices

U of Alabama Legal Studies Research Paper No. 3420311, FSU College of Law, Law, Business & Economics Paper No. 20-04
Number of pages: 41 Posted: 17 Jul 2019 Last Revised: 14 May 2020
Working Paper Series
Florida State University - College of Law and University of Alabama - School of Law
Downloads 66
19.

The Tax Treatment of Liability Insurance Coverage

163 Tax Notes 1381 (2019), FSU College of Law, Public Law Research Paper No. 910, FSU College of Law, Law, Business & Economics Paper No. 20-03
Number of pages: 4 Posted: 16 Jul 2019
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 60
20.

Continuous Burdens of Proof

Nevada Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 905, FSU College of Law, Law, Business & Economics Paper No. 20-09
Number of pages: 48 Posted: 16 Jul 2019 Last Revised: 21 Aug 2020
Accepted Paper Series
Florida State University College of Law
Downloads 129
21.

Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus

Intellectual Property and Development: Understanding the Interfaces, pgs. 21-35, C. Correa and X. Seuba (eds.), Springer 2019, DOI: 10.1007/978-981-13-2856-5_2, FSU College of Law, Public Law Research Paper No. 903, FSU College of Law, Law, Business & Economics Paper No. 20-02
Number of pages: 15 Posted: 16 Jul 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 47
23.

'Tell the Truth': Truth in Music Advertising Post Tam

Oxford Handbook of Music Law and Policy, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-18, FSU College of Law, Public Law Research Paper No. 903
Number of pages: 22 Posted: 06 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 51
24.

Public-Private Partnerships As Models for New Drug Development: The Future As Now

in The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development, pp. 29-45, eds. M. Chon, P. Roffe & A. Abdel-Latif (Cambridge Univ. Press 2018), FSU College of Law, Public Law Research Paper No. 902, FSU College of Law, Law, Business & Economics Paper No. 19-01
Number of pages: 18 Posted: 27 Dec 2018 Last Revised: 24 Jul 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 80
25.

Democratizing Access to Survey Evidence of Distinctiveness

Trademark Law and Theory: Reform of Trademark Law (Dinwoodie & Janis, eds), Elgar, 2019, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-17, FSU College of Law, Public Law Research Paper No. 899
Number of pages: 23 Posted: 27 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 43
26.

Cooperation and Turnover in Law Faculties: A Game-Theoretic Model and Empirical Study

Marquette Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-16
Number of pages: 48 Posted: 15 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 39
27.

GoTaxMe: Crowdfunding and Gifts

Florida Tax Review, 2019, FSU College of Law, Public Law Research Paper No. 899, FSU College of Law, Law, Business & Economics Paper No. 18-15
Number of pages: 13 Posted: 06 Nov 2018
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 236
28.

Debate on Carried Interest

157 Tax Notes 1597, (Dec. 11, 2017), FSU College of Law, Public Law Research Paper No. 897, FSU College of Law, Law, Business & Economics Paper No. 18-14, U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 29 Oct 2018
Accepted Paper Series
University of Texas at Austin - School of Law, Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and University of Michigan Law School
Downloads 74
29.

On the Limitations of Unitary Models of the Proof Process

FSU College of Law, Public Law Research Paper No. 896, FSU College of Law, Law, Business & Economics Paper No. 18-13
Number of pages: 7 Posted: 24 Oct 2018
Working Paper Series
Florida State University College of Law
Downloads 27
30.

Dissatisfied Members in Florida LLCs: Remedies

18 Florida State University Business Review 1 (2019, Forthcoming), FSU College of Law, Public Law Research Paper No. 894, FSU College of Law, Law, Business & Economics Paper No. 18-11
Number of pages: 30 Posted: 25 Sep 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
Florida State University College of Law
Downloads 282
31.

The Law and Economics of the Going-Public Decision

The Oxford Handbook of IPOs (Oxford University Press, Forthcoming) , FSU College of Law, Public Law Research Paper No. 893, FSU College of Law, Law, Business & Economics Paper No. 18-10
Number of pages: 37 Posted: 18 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 142
32.

The Uncertain Case for Appraisal Arbitrage

Wake Forest Law Review, Vol. 52, No. 1, 2017, FSU College of Law, Public Law Research Paper No. 892, FSU College of Law, Law, Business & Economics Paper No. 18-9
Number of pages: 49 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 31
33.

Legitimizing Character Evidence

Emory Law Journal, 2019 Forthcoming, FSU College of Law, Public Law Research Paper No. 890, FSU College of Law, Law, Business & Economics Paper No. 18-7
Number of pages: 62 Posted: 13 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 48
34.

The Paradox of Executive Compensation Regulation

44 Journal of Corporation Law (2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 891, FSU College of Law, Law, Business & Economics Paper No. 18-8, Brooklyn Law School, Legal Studies Paper No. 600
Number of pages: 41 Posted: 13 Sep 2018 Last Revised: 22 Feb 2019
Accepted Paper Series
University of Connecticut - School of Law and Florida State University - College of Law
Downloads 107
35.

Behavioral vs. Traditional Corporate Finance: An Unabashed Critical Review

FSU College of Law, Public Law Research Paper No. 889, FSU College of Law, Law, Business & Economics Paper No. 18-6
Number of pages: 41 Posted: 11 Sep 2018
Working Paper Series
Florida State University
Downloads 471
36.

Prices Versus Quantities

Policy Instruments in Environmental Law (Richards, K. and J. Van Zeben, eds.), Elgar, 2018, FSU College of Law, Public Law Research Paper No. 884, FSU College of Law, Law, Business & Economics Paper No. 18-5
Number of pages: 16 Posted: 12 Jul 2018
Working Paper Series
Florida State University - College of Law
Downloads 28
37.

Digital Surveillance and Preventive Policing

Connecticut Law Review, Vol. 49, No. 5, 2017, FSU College of Law, Public Law Research Paper No. 880, FSU College of Law, Law, Business & Economics Paper 18-3
Number of pages: 42 Posted: 29 Jun 2018
Accepted Paper Series
Florida State University College of Law
Downloads 84
38.

Constrained Regulatory Exit in Energy Law

67 Duke Law Journal, 1687-1728 (2018) (Forty-Eighth Annual Administrative Law Symposium: Exit and the Administrative State), FSU College of Law, Public Law Research Paper No. 885, FSU College of Law, Law, Business & Economics Paper No. 18-4, Vanderbilt Law Research Paper No. 18-46
Number of pages: 43 Posted: 20 Jun 2018 Last Revised: 18 Oct 2018
Working Paper Series
Vanderbilt University - Law School and Penn State Law – University Park
Downloads 50
39.

Consumers, Seller-Advisors, and the Psychology of Trust

Boston College Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 18-2
Number of pages: 62 Posted: 21 Mar 2018
Accepted Paper Series
Florida State University - College of Law and Florida State University - College of Law
Downloads 98
40.

An Unintended Consequence of Reducing the Corporate Tax Rate

Tax Notes, Vol. 157, No. 8, 2017, FSU College of Law, Public Law Research Paper No. 869, FSU College of Law, Law, Business & Economics Paper No. 1-18
Number of pages: 4 Posted: 21 Dec 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 343
41.

Carbon Pricing

Chapter 3 in Legal Pathways to Deep Decarbonization in the United States (Dernbach, J. and M. Gerrard, eds.) Forthcoming, FSU College of Law, Public Law Research Paper No. 860, FSU College of Law, Law, Business & Economics Paper No. 7-17
Number of pages: 25 Posted: 06 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 59
42.

The Misfortune of the Deductions for Business and Personal Casualty Losses

Florida Tax Review, Vol. 21, FSU College of Law, Public Law Research Paper No. 858, FSU College of Law, Law, Business & Economics Paper No. 6-17
Number of pages: 43 Posted: 22 Sep 2017
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 77
43.

The Evolution of Public Health Provisions in Preferential Trade and Investment Agreements of the United States

in Current Alliances in International Intellectual Property Lawmaking: The Emergence and Impact of Mega-Regionals, Global Perspectives for the IP System, eds. P. Roffe and X. Seuba, CEIPI-ICTSD, Issue No. 4, 2017, pp. 45-63, FSU College of Law, Public Law Research Paper No. 853, FSU College of Law, Law, Business & Economics Paper No. 5-17
Number of pages: 23 Posted: 07 Sep 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 73
44.

Chapter: Health and Intellectual Property

Research Handbook on Global Health Law, pp. 135-63, eds. G-L Burci & B. Toebes, Edward Elgar Pub., 2018 , FSU College of Law, Public Law Research Paper No. 849, FSU College of Law, Law, Business & Economics Paper No. 4-17
Number of pages: 29 Posted: 26 Jul 2017 Last Revised: 10 Dec 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 79
45.

China Policies to Promote Local Production of Pharmaceutical Products and Protect Public Health

Geneva: World Health Organization; 2017, FSU College of Law, Public Law Research Paper No. 841, FSU College of Law, Law, Business & Economics Paper No. 2-17
Number of pages: 60 Posted: 05 May 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 118
46.

Indian Policies to Promote Local Production of Pharmaceutical Products and Protect Public Health

Geneva: World Health Organization; 2017, FSU College of Law, Public Law Research Paper No. 840, FSU College of Law, Law, Business & Economics Paper No. 3-17
Number of pages: 60 Posted: 05 May 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 87
47.

Valuing Residual Goodwill after Trademark Forfeiture

Notre Dame Law Review, Vol. 93, 2017, FSU College of Law, Law, Business & Economics Paper No. 1-17, FSU College of Law, Public Law Research Paper No. 828
Number of pages: 60 Posted: 08 Mar 2017 Last Revised: 19 Feb 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 104
48.

Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions

in Research Handbook on Intellectual Property Exhaustion and Parallel Imports 145-65, eds. I. Calboli & E. Lee, Edward Elgar Pub. (2016), FSU College of Law, Public Law Research Paper No. 823, FSU College of Law, Law, Business & Economics Paper No. 16-16
Number of pages: 23 Posted: 10 Dec 2016
Accepted Paper Series
Florida State University - College of Law
Downloads 162
49.

The Fallacious Objections to the Tax Treatment of Carried Interest

Florida Tax Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 818, FSU College of Law, Law, Business & Economics Paper No. 16-15, U of Michigan Public Law Research Paper No. 522, U of Michigan Law & Econ Research Paper No. 16-021
Number of pages: 22 Posted: 05 Oct 2016 Last Revised: 31 Jan 2017
Accepted Paper Series
University of Michigan Law School and Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 293
50.

New FASB Rules on Accounting for Leases: A Sarbanes-Oxley Promise Delivered

72 Business Lawyer 367 (2017), FSU College of Law, Public Law Research Paper No. 816, FSU College of Law, Law, Business & Economics Paper No. 16-14
Number of pages: 38 Posted: 05 Oct 2016 Last Revised: 04 May 2017
Accepted Paper Series
Florida State University College of Law
Downloads 402