The vague notion of "probabilistic patents" is formalized through a model which combines real option theory and a fuzzy methodology. The imprecise estimates the patent holder possesses about her future profits, the validity and scope of the patent, the litigation costs, the court's decision etc. under a regime of imperfect enforcement of property rights are specified modelling uncertainty with ...

INTRODUCTION ................................................................................... 243 BACKGROUND ...................................................................................... 245 I. THE ECONOMICS OF TICKET SNIPING ................................... 248 A. Long-term Revenue Maximization ....................................... 249 B. Inability to Price Discriminate .........

Multidistrict litigation procedures have grown in significance as an important tool for resolving large-scale litigation. Indeed, in recent years, various reports have noted that from one third to one half of all cases in the federal courts are part of MDL proceedings.1 From the defendants’ perspective, consolidation in a federal MDL proceeding may make nationwide litigation more manageable. Fr...

The role and effectiveness of large-scale employment discrimination litigation in combating workplace discrimination is a matter of ongoing dispute. In this paper we examine the remedies obtained by the U.S. Equal Employment Opportunity Commission (EEOC) in litigation filed over a ten-year period in order to compare actual outcomes in this important subset of employment discrimination litigatio...