This book explores the subtle and multifaceted nuances that lead consumers to behave in one way or another. On the whole, the cognitive psychological research has demonstrated that consumer decision-making is a profound topic that is considerably more complex than previously supposed. It is the objective of this book to enable the reader to understand the complexity of individual decision-making, so that legal policy can create environments in which consumers are both better informed, and find more meaning and satisfaction in what they buy.
This book explores the subtle and multifaceted nuances that lead consumers to behave in one way or another. On the whole, the cognitive psychological research has demonstrated that consumer decision-making is a profound topic that is considerably more complex than previously supposed. It is the objective of this book to enable the reader to understand the complexity of individual decision-making, so that legal policy can create environments in which consumers are both better informed, and find more meaning and satisfaction in what they buy.
Adrian Kuenzler is an Assistant Professor in the Faculty of Law, Zurich University, and an Affiliate Fellow at the Information Society Project, Yale University Law School. He holds a Masters and a Ph.D. degree from Zurich University as well as an LL.M. and J.S.D. degree from Yale Law School. Kuenzler's primary research interests are in the fields of antitrust, intellectual property, and consumer law, as well as in behavioral law and economics.
Inhaltsangabe
* Preface and Acknowledgments * Introduction * A. A Brief History of Advertising * B. 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 Issues * A. 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 Law * C. Intellectual Property as Dilution Law * Conclusion * 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 Economics * D. The Rise of Collaborative Consumption * 6 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 * Conclusion * Summary of Results * A. Bifurcated Markets * B. Inclusive Property and Creative Consumption * C. The Supremacy of Consumer Sovereignty * Bibliography * Table of Cases * Index
* Preface and Acknowledgments * Introduction * A. A Brief History of Advertising * B. 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 Issues * A. 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 Law * C. Intellectual Property as Dilution Law * Conclusion * 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 Economics * D. The Rise of Collaborative Consumption * 6 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 * Conclusion * Summary of Results * A. Bifurcated Markets * B. Inclusive Property and Creative Consumption * C. The Supremacy of Consumer Sovereignty * Bibliography * Table of Cases * Index
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