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Ronald Coase on regulation
As Gus said, there will be much more to say, and much more said by others, on Coase’s passing. For now, I offer this excerpt from a 1997 Reason interview he gave with Tom Hazlett: Hazlett: You said you’re not a libertarian. What do you consider your politics to be? Coase: I really don’t know. I don’t reject ... Ronald Coase on regulation
Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
William Buckley once described a conservative as “someone who stands athwart history, yelling Stop.” Ironically, this definition applies to Professor Tim Wu’s stance against the Supreme Court applying the Constitution’s protections to the information age. Wu admits he is going against the grain by fighting what he describes as leading liberals from the civil rights ... Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
Of Common Law and Common Sense: Children’s Consumer Product Safety Commission vies for National Nanny Title
With thanks to Geoff and everyone else, it’s great to join the cast here at TOTM. Geoff gave a nice introduction, so I won’t use this first post to further that purpose – especially when I have substance to discuss. The only prefatory words I’ll offer are that my work lies at the intersection of ... Of Common Law and Common Sense: <del>Children’s</del> Consumer Product Safety Commission vies for National Nanny Title
Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
We’re delighted to welcome two new bloggers to Truth on the Market: Gus Hurwitz and Ben Sperry. Gus is an assistant professor of law at the University of Nebraska. His work looks at the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and ... Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)
The Center for the Protection of Intellectual Property is hosting a teleforum panel on end-user lawsuits in patent law on Thursday, August 29, at Noon (EST). Here’s the announcement with the program information: End-User Lawsuits in Patent Litigation: A Bug or a Feature of Patent Law? A Teleforum Panel (Free and Open to the Public) ... Teleforum Panel on End-User Lawsuits in Patent Law on August 29 (free and open to the public)
Anti-Patent Bias in Applying Injunction Test Results in Another District Courtโs Reversal โ Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)
[Cross Posted to the Center for the Protection of Intellectual Property] In its recent decision in Douglas Dynamics v. Buyers Products Co. (Fed. Cir., May 21, 2013), the Federal Circuit was forced to reverse a district court’s abuse of its discretion because the trial judge injected an anti-patent bias into the legal test for determining ... Anti-Patent Bias in Applying Injunction Test Results in Another District Courtโs Reversal โ Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)
The Myth of the “Patent Troll” Litigation Explosion
[Cross posted at The Center for the Protection of Intellectual Property] In a prior blog posting, I reported how reports of a so-called “patent litigation explosion” today are just wrong. As I detailed in another blog posting, the percentage of patent lawsuits today are not only consistent with historical patent litigation rates in the nineteenth ... The Myth of the “Patent Troll” Litigation Explosion
Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the exclusion order issued by the International Trade Commission (ITC) in the Samsung v. Apple dispute filed there (ITC Investigation No. 794). In ... Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
Commissioner Wright Responds to Section 5 Symposium
I’d like to thank Geoff and Thom for organizing this symposium and creating a forum for an open and frank exchange of ideas about the FTC’s unfair methods of competition authority under Section 5. In offering my own views in a concrete proposed Policy Statement and speech earlier this summer, I hoped to encourage just ... Commissioner Wright Responds to Section 5 Symposium
Tad Lipsky on Lessons From the Section 2 Context
The FTC’s struggle to provide guidance for its enforcement of Section 5’s Unfair Methods of Competition (UMC) clause (or not – some oppose the provision of forward guidance by the agency, much as one occasionally heard opposition to the concept of merger guidelines in 1968 and again in 1982) could evoke a much broader long-run ... Tad Lipsky on Lessons From the Section 2 Context
Paul Denis on Implementing a Policy Statement on UMC
Deterrence ought to be an important objective of enforcement policy. Some might argue it should be THE objective. But it is difficult to know what is being deterred by a law if the agency enforcing the law cannot or will not explain its boundaries. Commissioner Wright’s call for a policy statement on the scope of ... Paul Denis on Implementing a Policy Statement on UMC
Section 5 Symposium — End of Day One, But More to Come
Regulating the Regulators: Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority August 1, 2013 Truthonthemarket.com We’ve had a great day considering the possibility, and potential contours, of guidelines for implementing the FTC’s “unfair methods of competition” (UMC) authority. Many thanks to our invited participants and to TOTM readers who took the time to follow today’s ... Section 5 Symposium — End of Day One, But More to Come
