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Some Historical Perspective on Today’s High-Tech Patent Wars
The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software ... Some Historical Perspective on Today’s High-Tech Patent Wars
Why the Affordable Care Act, as Construed by the Supreme Court, Will Fail
I’ve recently posted to SSRN a new paper with the same name as this post. The paper asserts, in greater detail, a number of points I’ve previously made on TOTM: Health insurance premiums will rise under the (SCOTUS-modified) ACA, because the Act’s “guaranteed issue” and “community rating” mandates will generate widespread adverse selection that cannot be ... Why the Affordable Care Act, as Construed by the Supreme Court, Will Fail
Executive Compensation Symposium This Friday at Case Western’s Center for Business Law and Regulation
This coming Friday (Oct. 12), the Center for Business Law and Regulation at Case Western Law School will host what promises to be a terrific symposium on executive compensation. Presenters include TOTM alumnus Todd Henderson (Chicago Law), Jill Fisch (Penn Law), Jesse Fried (Harvard Law), David Walker (Boston U Law), David Larcker (Stanford Business), Stephen L. Brown (TIAA-CREF), Paul Hodgson ... Executive Compensation Symposium This Friday at Case Western’s Center for Business Law and Regulation
The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
At today’s Open Commission Meeting, the FCC is set to consider two apparently forthcoming Notices of Proposed Rulemaking that will shape the mobile broadband sector for years to come. It’s not hyperbole to say that the FCC’s approach to the two issues at hand — the design of spectrum auctions and the definition of the FCC’s ... The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday
I will be speaking at a lunch debate in DC hosted by TechFreedom on Friday, September 28, 2012, to discuss the FTC’s antitrust investigation of Google. Details below. TechFreedom will host a livestreamed, parliamentary-style lunch debate on Friday September 28, 2012, to discuss the FTC’s antitrust investigation of Google. As the company has evolved, expanding outward from ... Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday
Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
There are a lot of inaccurate claims – and bad economics – swirling around the Universal Music Group (UMG)/EMI merger, currently under review by the US Federal Trade Commission and the European Commission (and approved by regulators in several other jurisdictions including, most recently, Australia). Regulators and industry watchers should be skeptical of analyses that ... Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
Ginsburg & Wright on Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty
My paper with Judge Douglas H. Ginsburg (D.C. Circuit; NYU Law), Behavioral Law & Economics: Its Origins, Fatal Flaws, and Implications for Liberty, is posted to SSRN and now published in the Northwestern Law Review. Here is the abstract: Behavioral economics combines economics and psychology to produce a body of evidence that individual choice behavior ... Ginsburg & Wright on Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty
The anti-patent crowd seems to think your smartphone doesn’t actually exist
I respect Alex Tabarrock immensely, but his recent post on the relationship between “patent strength” and innovation is, while pretty, pretty silly. The entirety of the post is the picture I have pasted here. The problem is that neither Alex nor anyone else actually knows that this is “where we are,” nor exactly what the ... The anti-patent crowd seems to think your smartphone doesn’t actually exist
Law and Economics Center Programs Invite Applicants!
The George Mason Law & Economics Center invites applications for the following five 2013 Workshops for Law Professors. Each Workshop offers a unique opportunity to join colleagues from around the country to learn from some of the most well-respected scholars in the law-and-economics field. There is no tuition, and all but one program provides hotel ... Law and Economics Center Programs Invite Applicants!
Copyright Does Not Violate the Right to Free Speech
I’m speaking on a panel hosted by the Free Speech Dialogues program at the University of Texas at Austin this Thursday, September 20. The topic this year is Intellectual Property Rights and Free Speech, and UCLA law professor Neal Netanal and author Robert Levine are also speaking on the panel. The Austin newspaper, the Statesman, asked ... Copyright Does Not Violate the Right to Free Speech
Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
“Real lawyers read the footnotes!”—thus did Harold Feld chastise Geoff and Berin in a recent blog post about our CNET piece on the Verizon/SpectrumCo transaction. We argued, as did Commissioner Pai in his concurrence, that the FCC provided no legal basis for its claims of authority to review the Commercial Agreements that accompanied Verizon’s purchase ... Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?
Einer Elhauge and Abraham Wickelgren, of Harvard and the University of Texas, respectively, have recently posted to SSRN a pair of provocative papers on loyalty discounts (price cuts conditioned on the buyer’s purchasing some amount, usually a percentage of its requirements, from the seller). Elhauge and Wickelgren take aim at the assertion by myself and ... Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?
