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Additional Physical Format: | Print: Künzler, Adrian. Restoring consumer sovereignty. 2017 |
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Material Type: | Document |
Document Type: | Book, Computer File |
All Authors / Contributors: |
Adrian Künzler |
ISBN: | 9780190698607 0190698608 |
OCLC Number: | 1023090318 |
Target Audience: | Specialized. |
Description: | 1 online resource |
Contents: | Preface and AcknowledgmentsIntroductionA. A Brief History of AdvertisingB. The Dilution Prevention Problem C. The Restoration of Consumer Sovereignty D. The Foundations of Distributed Capitalism Clarification of Terms and Scope Part One: The Dilution Prevention Problem 1 Abiding IssuesA. Perplexities of Economic Discourse B. Three Recurrent Themes C. Demarcation 2 Argumentation of the Courts and Contemporary Legal Scholarship A. The Free Riding Hypothesis B. Antitrust as Dilution LawC. Intellectual Property as Dilution LawConclusion Part Two: The Restoration of Consumer Sovereignty 3 Making Behavioralism Work A. The Revealed Preferences Principle Reexamined B. The External Incentives Paradigm Reexamined C. Lessons for the Promotion of Progress 4 Fashioning Consumer Cognitive Capability A. Incorporating the Manipulation of Consumer Preferences into Market Regulatory Theory B. The Consumer as Culturally Situated Actor: A Reinvigorated Role for Antitrust and Intellectual Property Law C. The Construction of Consumption Conclusion Part Three: The Foundations of Distributed Capitalism 5 Open Approaches to Promoting Innovation and Economic Growth A. Open Source and Commons-Based Peer Production B. Intellectual Property Law's 'Negative Space' C. Spillover Effects and Modern Infrastructure EconomicsD. The Rise of Collaborative Consumption6 From Market Access to Cumulative Innovation A. The Market Access Doctrine in Antitrust and Intellectual Property Law B. Dissatisfaction with the Market Access Test C. The Puzzling Persistence of the Market Access Paradigm D. An Independent Function for Market Access ConclusionSummary of Results A. Bifurcated Markets B. Inclusive Property and Creative ConsumptionC. The Supremacy of Consumer Sovereignty BibliographyTable of CasesIndex |
Responsibility: | Adrian Kuenzler. |
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Reviews
Publisher Synopsis
Adrian Kuenzler has written a subtle, idea-packed book uniting key strains of modern antitrust and intellectual property thinking. He challenges the conventional wisdom in antitrust law by drawing on the lessons of trademark law and the modern shift to protecting brands as valuable assets, above and beyond the physical characteristics of the products and services sold under those brands. In a society of experiences, consumers whose preferences are not fixed andstable need competition to enable those experiences, and the ability to deliberate about what product features to truly value. Kuenzler's analysis brings economic, psychological, and legal thought together to suggest a better path forward for competition and consumer sovereignty. * Rebecca Tushnet, Professor of Law, Harvard University Law School * Behavioral law and economics has long been limited by the unwillingness of scholars to take on the full implications of the constructedness of markets and preferences. In this impressive book, Professor Kuenzler does just that. His effort signals the beginning of a new and vital conversation for legal theory. * Douglas A. Kysar, Joseph M. Field 55 Professor of Law, Yale University Law School * Read more...

