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

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1.

Proof Discontinuities and Civil Settlements

Theoretical Inquiries in Law (2020 Forthcoming)
Number of pages: 58 Posted: 22 May 2020
Accepted Paper Series
Florida State University College of Law
Downloads 9
2.

Copyright and Attention Scarcity

Cardozo Law Review, 2020
Number of pages: 62 Posted: 15 May 2020 Last Revised: 27 May 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 22
3.

The Case Against Tax Subsidies in Innovation Policy

Florida State University Law Review, Vol. 48, No. 2, Forthcoming
Number of pages: 54 Posted: 24 Apr 2020 Last Revised: 04 May 2020
Working Paper Series
NYU School of Law
Downloads 53
4.

Res Ipsa Loquitur: Reducing Confusion or Creating Bias?

Kentucky Law Journal, Vol. 108, 2020
Number of pages: 62 Posted: 31 Mar 2020
Accepted Paper Series
Harry W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and The Pennsylvania State University (University Park) – Penn State Law
Downloads 19
5.

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

Number of pages: 46 Posted: 18 Mar 2020
Working Paper Series
Florida State University - College of Law
Downloads 13
6.

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, The Business Lawyer, Forthcoming
Number of pages: 31 Posted: 22 Jan 2020 Last Revised: 14 May 2020
Working Paper Series
Florida State University College of Law
Downloads 83
7.

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 23
8.

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 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: 22 Posted: 23 Dec 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 30
9.

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 37
10.

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 61
11.

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 W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 58
12.

Continuous Burdens of Proof

Nevada Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 905
Number of pages: 48 Posted: 16 Jul 2019 Last Revised: 02 Apr 2020
Accepted Paper Series
Florida State University College of Law
Downloads 68
13.

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 35
15.

'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 44
16.

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 58
17.

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 35
18.

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 38
19.

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 W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 224
20.

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 W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and University of Michigan Law School
Downloads 68
21.

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 23
22.

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 189
23.

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 130
24.

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 27
25.

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 45
26.

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 101
27.

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 436
28.

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 27
29.

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 79
30.

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 Florida State University - College of Law
Downloads 47
31.

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 94
32.

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 340
33.

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 50
34.

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 W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 71
35.

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 63
36.

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 70
37.

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 107
38.

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 72
39.

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 101
40.

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 152
41.

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 W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 290
42.

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 387
43.

Cooperation and Turnover in Law Faculties

FSU College of Law, Public Law Research Paper No. 810, FSU College of Law, Law, Business & Economics Paper No. 16-13
Number of pages: 37 Posted: 08 Jul 2016 Last Revised: 12 Jan 2018
Working Paper Series
Florida State University - College of Law
Downloads 85
44.

Capital Transitioning: A Human Capital Strategy for Climate Innovation

Forthcoming, Transnational Environmental Law, FSU College of Law, Public Law Research Paper No. 809, FSU College of Law, Law, Business & Economics Paper No. 16-12
Number of pages: 24 Posted: 06 Jul 2016
Accepted Paper Series
Florida State University - College of Law
Downloads 41
45.

Negotiated Rulemaking and New Risks: A Rail Safety Case Study

7 Wake Forest Journal of Law & Policy __ (invited symposium contribution), 2017, Forthcoming, FSU College of Law, Public Law Research Paper No. 808, FSU College of Law, Law, Business & Economics Paper No. 16-11
Number of pages: 65 Posted: 18 Jun 2016 Last Revised: 03 Dec 2016
Accepted Paper Series
Florida State University - College of Law
Downloads 104
46.

The Fiduciary Gap

The Journal of Corporation Law, Vol. 40, 2015, FSU College of Law, Public Law Research Paper No. 803, FSU College of Law, Law, Business & Economics Paper No. 16-8
Number of pages: 52 Posted: 08 Jun 2016
Accepted Paper Series
Florida State University - College of Law
Downloads 150
47.

Shareholder Political Primacy

Virginia Law & Business Review, Vol 10, No.2, 2016, FSU College of Law, Public Law Research Paper No. 802, FSU College of Law, Law, Business & Economics Paper No. 16-9
Posted: 05 May 2016 Last Revised: 17 Sep 2018
Accepted Paper Series
Florida State University - College of Law
48.

Three Problems (and Two Solutions) in the Law of Partnership Formation

49 University of Michigan Journal of Law Reform 605 (2016), FSU College of Law, Public Law Research Paper No. 801, FSU College of Law, Law, Business & Economics Paper No. 16-10
Number of pages: 31 Posted: 06 Apr 2016 Last Revised: 26 Jul 2016
Accepted Paper Series
Florida State University - College of Law
Downloads 173
49.

The Implications of Modern Business-Entity Law for the Regulation of Autonomous Systems

19 Stanford Technology Law Review 93 (2015), FSU College of Law, Public Law Research Paper No. 797, FSU College of Law, Law, Business & Economics Paper No. 797
Number of pages: 20 Posted: 04 Apr 2016 Last Revised: 13 May 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 911
50.

Are Trademarks Ever Fanciful?

105 Georgetown Law Journal 731 (2017), FSU College of Law, Public Law Research Paper No. 790, FSU College of Law, Law, Business & Economics Paper No. 16-7
Number of pages: 49 Posted: 15 Feb 2016 Last Revised: 12 Apr 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 204