Ben Depoorter @bendepoorter-blog - Tumblr Blog

my favorite shows in 2019-20!

New article just published in American Law & Economics Review: Filtering Tort Accidents

Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives, causing behavior to depart from the opt

My article was published in the Berkeley Technology Law Journal. I love small claims courts, just not this one. http://btlj.org/data/articles2018/vol33/33_3/Depoorter_Web.pdf

#berkeleytechlawjournal

Thanks UCLA LAW

Taught “Law & Economics” at UCLA Law School in their J-Term. What a campus, colleagues, and a wonderful group of students. Apologies for bringing to LA the rainy San Francisco January weather!

My all time-favorite music

in no particular order

1. Crystal Castles - III

This album was released in November 2012 but this was my album of 2013 Alice's vocals, the dreamy lyrics, the oddly catchy screaming, the electrifying beats. Hard to describe and not easy on the ears at first. This one, like every other Crystal Castles albums, really grows on you and eventually becomes a classic. Grateful to Stijn Essnor for keeping this one on the LP player non-stop when we were roommates in 2007.

2. Logh - Raging Song

The most beautiful, serene, melancholic rock songs ever. Can listen to this Nordic band forever. Probably played this album a thousand times.

3. Sebadoh - Sebadoh III

This album was a complete revelation. Recorded at home on tape decks and low cost mixers, bone-chilling emo-pop like I never hear before (and again). Music was never the same again. Who needs producers? Not these guys.

4. Statistics - Leave Your Name

Went through a major breakup in 2003-04, was on the road for chunks of the year, and this was that album that I took along for the ride. Every word, every chord seemed to be just right. This band never did anything great again but it was enough, more than enough.

5. Smog- Wild Love

Hard to pick one Smog album - so many unbelievable albums. Every word on Wild Love seems to have deep meaning. Its just so well done, so imaginative. Billy C is truly the great song writer of my generation.

6. Toman - Perhaps We Should Have Smoked the Salmon First

If I have to pick one Belgian band as my favorite, it would not be Toman - I would rate Wio, de portables, and Styrofoam higher. But for a complete album, this one eats the cake. For its atmosphere. Its just a perfect and uniquely mesmerizing album. Their other album, Where Wolves Wear Wolf Wear, is a different beast (more high energy) but also pretty darn good.

7. God Machine - Scenes from the Second Story

Hard, so hard, soft, so soft. All in one. Epic songs. If Spartans wrote music as poetry, this is what it would sound like!

8. Fabrizio Paterlini - Autum Stories

Ultimate piano songs. Maybe even better than Max Richter. Spotify informed me that I listed to Paterlini more than anything else in 2017. Did I leave it in muted autoplay by accident all night or did enjoy it in the background every day? It was the latter.

9. Burial - Rival Dealer

Awesome. Dub. Ambient. “Hiders“ is my favorite song.

University of California, Hastings appoints 3 distinguished, chaired professors

Honoured to receive the Max Radin Chair and become a Distinguished Professor at the University of California, Hastings in San Francisco. Here is the official announcement.

https://www.uchastings.edu/2018/07/26/announcing-new-faculty-chair-holders-and-distinguished-faculty-at-uc-hastings/

Cited by Richard Posner!

The year ends on a positive academic note. As many other scholars, especially those in law and economics, I have spent my entire career citing the honorable Richard Posner. One of the most prolific legal scholars ever, Posner has made insightful contributions in virtually all areas of law. Today however, I was informed by a colleague at Hastings that the favor had been returned to me.

In Goesel v. Boley the Seventh Circuit discusses disclosure of settlements and refers to my article in Cornell Law Review, Law in the Shadow of Bargaining.

Out now in Notre Dame Law Review: Copyright False Positives.

Here is a short description of the article:

Copyright enforcement is riddled with false positives. A false positive occurs when enforcement actions are taken against uses that are not actual infringements. Far from benign occurrences, copyright false positives inflict significant social harm in the form of increased litigation and transaction costs, distortions of licensing markets through rent-seeking behavior, increased piracy due to diminished public adherence with copyright law, and the systemic erosion of free speech rights and the public domain. To combat this problem, this Article analyzes the causes that give rise to false positives, as well as their legal and social effects, and offers policy recommendations targeted at mitigating the damage of false positives. These policy recommendations include heightening the registration requirements to include a substantive review of all copyright claims; the promulgation of regulations dictating that copyright registrations be periodically renewed; and revision to the statutory damage provisions of the Copyright Act in order to encourage litigation that would help to excise false positives from the copyright corpus.

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