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The collection of all scholarly commentary on law, economics, and more

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Copyright, Property Rights, and the Free Market

Over at Cato Unbound, there has been a discussion this past month on copyright and copyright reform.  In his recent contribution to this discussion, Mark Schultz posted an excellent essay today, Where are the Creators? Consider Creators in Copyright Reform, that calls out the cramped, reductionist view of copyright policy that leads some libertarians and ... Copyright, Property Rights, and the Free Market

George Will on My “Plausible Judgment” About the Future of the ACA

In his nationally syndicated column this week, Washington Post columnist George Will highlights what he termed my “plausible judgment” (I’m taking that as high praise!) that the Supreme Court’s Affordable Care Act decision “may have made the ACA unworkable, thereby putting it on a path to ultimate extinction.” Will focuses on the first of my three major points ... George Will on My “Plausible Judgment” About the Future of the ACA

Mossoff Speaking at the Smithsonian Institution on Tuesday, Jan. 15

For loyal readers of Truth on the Market who are in the D.C. area on Tuesday, come check out this fun talk.  Heck, forget the talk, they’re serving tea and cookies!  

Regulation Magazine Cover Article: “How the Supreme Court Doomed the ACA to Failure”

My recent essay, How the Supreme Court Doomed the ACA to Failure, is the cover article of the current issue of Regulation Magazine.  I’ve been over the essay’s basic points several times (e.g., here, here, and here), so I won’t belabor them now.  My basic assertions are: The Affordable Care Act (ACA) provisions mandating both “guaranteed issue” (insurers must sell to everyone) and ... Regulation Magazine Cover Article: “How the Supreme Court Doomed the ACA to Failure”

James M. Buchanan — 1919-2013

Yet another loss of a giant in the world of law and economics.  On December 19, it was Robert Bork.  Today, we lost economist James M. Buchanan, Nobel laureate, George Mason professor, and one of the fathers of Public Choice economics.  Regular readers of TOTM will know that several of us–including yours truly–have been heavily influenced by the insights of Public ... James M. Buchanan — 1919-2013

Powerhouse ABA webinar on the FTC’s investigation of Google this Friday

The suit against Google was to be this century’s first major antitrust case and a model for high technology industries in the future. Now that we have passed the investigative hangover, the mood has turned reflective, and antitrust experts are now looking to place this case into its proper context. If it were brought, would ... Powerhouse ABA webinar on the FTC’s investigation of Google this Friday

The price of closing the Google search antitrust case: questionable precedent on patents

The Federal Trade Commission yesterday closed its investigation of Google’s search business (see my comment here) without taking action. The FTC did, however, enter into a settlement with Google over the licensing of Motorola Mobility’s standards-essential patents (SEPs). The FTC intends that agreement to impose some limits on an area of great complexity and vigorous ... The price of closing the Google search antitrust case: questionable precedent on patents

FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

I have been a critic of the Federal Trade Commission’s investigation into Google since it was a gleam in its competitors’ eyes—skeptical that there was any basis for a case, and concerned about the effect on consumers, innovation and investment if a case were brought. While it took the Commission more than a year and ... FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

Off to the FTC and a Blogging Hiatus from TOTM

As Geoff mentioned, I was fortunate enough to be confirmed by the Senate yesterday as Commissioner of the Federal Trade Commission.  I’m excited about the opportunity and very much looking forward to getting started in the new job.   Unfortunately, this means I will be taking a hiatus from blogging here at TOTM for awhile. ... Off to the FTC and a Blogging Hiatus from TOTM

FTC

Congratulations to FTC Commissioner Josh Wright

All of us here at TOTM are thrilled to announce that the Senate yesterday confirmed Josh Wright to be the next Commissioner of the Federal Trade Commission. As I wrote upon Josh’s nomination: Josh is widely regarded as the top antitrust scholar of his generation. He is the author of more than 50 scholarly articles and ... Congratulations to FTC Commissioner Josh Wright

Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Given the kerfuffle among libertarians and conservatives in the past month over what is basic copyright policy, my colleague and copyright law expert, Chris Newman, sent me this interesting Google Ngram graph on the use of “encouragement” vs. “incentive.”  I won’t commit the fallacy of hasty generalization by inferring any conclusions from this single comparison, ... Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Meese on Bork (and the AALS)

William & Mary’s Alan Meese has posted a terrific tribute to Robert Bork, who passed away this week.  Most of the major obituaries, Alan observes, have largely ignored the key role Bork played in rationalizing antitrust, a body of law that veered sharply off course in the middle of the last century.  Indeed, Bork began his 1978 ... Meese on Bork (and the AALS)