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The Trespass Fallacy in Patent Law

Thank you to Josh for inviting me to guest blog on Truth on the Market.  As my first blog posting, I thought TOTM readers would enjoy reading about my latest paper that I posted to SSRN, which has been getting some attention in the blogosphere (see here and here).  It’s a short, 17-page essay — see, ... The Trespass Fallacy in Patent Law

Welcome TOTM Guest Blogger Adam Mossoff

My GMU colleague Adam Mossoff has been on and around the blogs this week — or at least, other people have been writing about him and particularly about his new paper  The Trespass Fallacy in Patent Law.  For example, here are a few reactions at Prawfsblawg and Patently-O.  I’ve been trying to get Professor Mossoff on ... Welcome TOTM Guest Blogger Adam Mossoff

Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

I have recently joined my colleague Bruce Johnsen as co-director of the Robert A. Levy Fellowship in Law and Liberty at GMU Law.  It is a very generous fellowship — a tuition waiver plus a generous stipend —  for economists who have their PhD’s or “ABD” status to come to law school on our dime along with ... Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

NPR’s List of Policies Economists Love

The NPR put together a panel of economists with various political and ideological views to see what economists agree on.  (HT: Mankiw) Here is the list: One: Eliminate the mortgage tax deduction, which lets homeowners deduct the interest they pay on their mortgages. Gone. After all, big houses get bigger tax breaks, driving up prices for ... NPR’s List of Policies Economists Love

Diveley on Phoebe Putney and Clarifying State Action Doctrine

My former student and recent George Mason Law graduate (and co-author, here) Angela Diveley has posted Clarifying State Action Immunity Under the Antitrust Laws: FTC v. Phoebe Putney Health System, Inc.  It is a look at the state action doctrine and the Supreme Court’s next chance to grapple with it in Phoebe Putney.  here is ... Diveley on Phoebe Putney and Clarifying State Action Doctrine

Larry Ribstein wins ABA’s Martin I. Lubaroff Award

We are delighted to report that the ABA Business Law Section has posthumously awarded Larry Ribstein its Martin I. Lubaroff Award, presented annually to a lawyer who has consistently demonstrated leadership, scholarship, and outstanding service in LLCs, Partnerships and Unincorporated Entities law.  That describes no one so well as Larry. The award was established in 2001 ... Larry Ribstein wins ABA’s Martin I. Lubaroff Award

From July 30 WSJ

Wall Street Journal OPINION July 31, 2012 ‘A Climate That Helps Us Grow’ By PAUL H. RUBIN President Obama’s riff on small business—”If you’ve got a business, you didn’t build that, somebody else made that happen”—has become a major controversy. The Romney campaign has made this quote the subject of several speeches and ads, and ... From July 30 WSJ

Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)

HT: Danny Sokol. TOP 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal June 4, 2012 to August 3, 2012. Rank Downloads Paper Title 1 244 The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other  Joshua D. Wright, George Mason University – School of Law, Faculty, Date posted to database: May 31, ... Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)

Cass Sunstein Returns to Harvard

From the WSJ: White House regulatory chief Cass Sunstein is leaving his post this month to return to Harvard Law School, officials said Friday. Mr. Sunstein has long been an advocate of behavorial economics in setting policy, the notion that people will respond to incentives, and has argued for restraint in government regulations. As such, he was ... Cass Sunstein Returns to Harvard

Why Premium Subsidies and the “Employer Mandate” Won’t Solve the ACA’s Adverse Selection Problem

A couple of weeks ago, I argued that the Supreme Court’s decision upholding the constitutionality of the Affordable Care Act will ultimately doom the Act to failure. The problem, I argued, is that the ACA’s guaranteed issue and community rating provisions create a perverse incentive for young, healthy people not to buy insurance until they ... Why Premium Subsidies and the “Employer Mandate” Won’t Solve the ACA’s Adverse Selection Problem

Epstein on Posner’s “Patent Adventurism” in Apple v. Motorola

Richard Epstein replies to Judge Posner’s Apple v. Motorola opinion and follow-up article in The Atlantic. The anti-patent sentiment has just been fueled by a remarkable opinion by Judge Richard Posner, my long-time colleague at the University of Chicago, sitting as a trial judge in the major case, Apple v. Motorola. The high-profile case concerns five ... Epstein on Posner’s “Patent Adventurism” in Apple v. Motorola

FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents

On July 31 the FTC voted to withdraw its 2003 Policy Statement on Monetary Remedies in Competition Cases.  Commissioner Ohlhausen issued her first dissent since joining the Commission, and points out the folly and the danger in the Commission’s withdrawal of its Policy Statement. The Commission supports its action by citing “legal thinking” in favor of heightened ... FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents