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My Con Law Prof Flubs the Constitution…Again.
Once again, my constitutional law professor has embarrassed me with his gross misunderstanding of the U.S. Constitution. First, he insisted that it would be “unprecedented” for the U.S. Supreme Court to overturn a statute enacted by a “democratically elected Congress.” Seventh-grade Civics students know that’s not right, but Mr. Obama’s misstatement did have its intended ... My Con Law Prof Flubs the Constitution…Again.
Adam Mossoff’s Senate Testimony on PAEs, Demand Letters and Patent Litigation
Below is the text of my oral testimony to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, at its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including an archived webcast of the hearing. ... Adam Mossoff’s Senate Testimony on PAEs, Demand Letters and Patent Litigation
Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act. Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission. Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?
In yesterday’s hearings on the disastrous launch of the federal health insurance exchanges, contractors insisted that part of the problem was a last-minute specification from the government: the feds didn’t want people to be able to “window shop” for health insurance until they had created a profile and entered all sorts of personal information. That’s ... What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?
Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries
Over at the Center for the Protection of Intellectual Property (CPIP), Mark Schultz has an important blog posting on the Mercatus Center‘s recent launch of its new copyright piracy website, piracydata.org. The launch of this website has caused a bit of a tempest in a teapot with a positive report on it in the Washington Post ... Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries
Wireless Spectrum: Free Market or Rigged Market?
The debates over mobile spectrum aggregation and the auction rules for the FCC’s upcoming incentive auction — like all regulatory rent-seeking — can be farcical. One aspect of the debate in particular is worth highlighting, as it puts into stark relief the tendentiousness of self-interested companies making claims about the public interestedness of their preferred ... Wireless Spectrum: Free Market or Rigged Market?
Google: Great Deal or Greatest Deal?
Critics of Google have argued that users overvalue Google’s services in relation to the data they give away. One breath-taking headline asked Who Would Pay $5,000 to Use Google?, suggesting that Google and its advertisers can make as much as $5,000 off of individuals whose data they track. Scholars, such as Nathan Newman, have used this ... Google: Great Deal or Greatest Deal?
Manufacturing (Broadband) Dissent
I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in the US compares favorably to that in the rest of the world. My conclusion, which is frankly more cynical than I like, is that concern about the US “falling behind” ... Manufacturing (Broadband) Dissent
My New Paper on Defining Exclusionary Conduct
In our recent blog symposium on Section 5 of the FTC Act, Latham & Watkins partner Tad Lipsky exposed one of antitrust’s dark little secrets: Nobody really knows what Sherman Act Section 2 forbids. The provision bans monopolization, attempted monopolization, and conspiracies to monopolize, and courts have articulated formal elements for each claim. But the ... My New Paper on Defining Exclusionary Conduct
Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance
Like most libertarians I’m concerned about government abuse of power. Certainly the secrecy and seeming reach of the NSA’s information gathering programs is worrying. But we can’t and shouldn’t pretend like there are no countervailing concerns (as Gordon Crovitz points out). And we certainly shouldn’t allow the fervent ire of the most radical voices — ... Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance
Some historical observations about Network Neutrality
I have a new post up at TechPolicyDaily that takes a historical perspective on Network Neutrality. The abstract is below. I had to cut a bunch out of the piece — I hope to add a bunch of the cut parts back in and post an extended version here later this week. But for now: Network ... Some historical observations about Network Neutrality
Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent
Commissioner Wright makes a powerful and important case in dissenting from the FTC’s 2-1 (Commissioner Ohlhausen was recused from the matter) decision imposing conditions on Nielsen’s acquisition of Arbitron. Essential to Josh’s dissent is the absence of any actual existing market supporting the Commission’s challenge: Nielsen and Arbitron do not currently compete in the sale ... Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent
