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Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesnโt Trump Principle
I recently became aware of a decision from the High Court in South Africa that examines an interesting intersection of freedom of expression, copyright and contract. It addresses the issue of how to define the public interest in an environment of relatively unguarded rhetoric about the role of copyright in society that is worth exploring. ... Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesnโt Trump Principle
Common Ownership by Institutional Investors: Beware Antitrust Overreach
The antitrust industry never sleeps – it is always hard at work seeking new business practices to scrutinize, eagerly latching on to any novel theory of anticompetitive harm that holds out the prospect of future investigations. In so doing, antitrust entrepreneurs choose, of course, to ignore Nobel Laureate Ronald Coase’s warning that “[i]f an economist ... Common Ownership by Institutional Investors: Beware Antitrust Overreach
Judge Gorsuchโs Distinguished Antitrust Record
Overview A?merica’s antitrust laws have long held a special status in the ?federal statutory hierarchy. The Supreme Court of the United States, for example, famously stated that the “[a]ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” Thus, when considering the qualifications of a nominee to the ... Judge Gorsuchโs Distinguished Antitrust Record
Why the Federal Trade Commission (not the Consumer Financial Protection Bureau) Should Oversee Consumer Protection in Financial Markets
On February 28, the Heritage Foundation released Prosperity Unleashed: Smarter Financial Regulation, a Report that lays bare the heavy and unnecessary burdens imposed on our economy by defective financial regulations, and proposed market-oriented regulatory reforms that would benefit American producers, consumers, and the overall economy. In a recent Truth on the Market blog commentary, I ... Why the Federal Trade Commission (not the Consumer Financial Protection Bureau) Should Oversee Consumer Protection in Financial Markets
Unleashing Prosperity through Smarter Financial Regulation
On February 28, the Heritage Foundation issued a volume of essays by leading scholars on the law and economics of financial services regulatory reform entitled Prosperity Unleashed: Smarter Financial Regulation. This Report, which is well worth a read (in particular, by incoming Trump Administration officials and Members of Congress), is available online. The Report’s 23 ... Unleashing Prosperity through Smarter Financial Regulation
Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
On February 22, 2017, an all-star panel at the Heritage Foundation discussed “Reawakening the Congressional Review Act” – a statute which gives Congress sixty legislative days to disapprove a proposed federal rule (subject to presidential veto), under an expedited review process not subject to Senate filibuster. Until very recently, the CRA was believed to apply ... Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
The FTC Takes on โPetitioningโ of Government as an Anticompetitive Exclusionary Tactic
Background Some of the most pernicious and welfare-inimical anticompetitive activity stems from the efforts of firms to use governmental regulation to raise rivals’ costs or totally exclude them from the market (see, for example, here). The surest cure to such economic harm is, of course, the elimination or reform of anticompetitive government laws and regulations, ... The FTC Takes on โPetitioningโ of Government as an Anticompetitive Exclusionary Tactic
Fair use’s fatal conceit
My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it suits their analysis, that copyright protection and the public interest are diametrically opposed. This is merely a rhetorical device, and is a ... Fair use’s fatal conceit
Legatum Instituteโs Special Trade Commission Advances Brexit Policies Designed to Promote Economic Freedom and Prosperity โ for the United Kingdom and (Eventually) the World
The Legatum Institute (Legatum) is “an international think tank based in London and a registered UK charity [that] . . . focuses on understanding, measuring, and explaining the journey from poverty to prosperity for individuals, communities, and nations.” Legatum’s annual “Legatum Prosperity Index . . . measure[s] and track[s] the performance of 149 countries of ... Legatum Instituteโs Special Trade Commission Advances Brexit Policies Designed to Promote Economic Freedom and Prosperity โ for the United Kingdom and (Eventually) the World
How to Regulate: Externalities
Following is the second in a series of posts on my forthcoming book, How to Regulate: A Guide for Policy Makers (Cambridge Univ. Press 2017). The initial post is here. As I mentioned in my first post, How to Regulate examines the market failures (and other private ordering defects) that have traditionally been invoked as ... How to Regulate: Externalities
The song remains the same: Exceptionalists against the application of the law
In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet. In the piece I argue that a globally interconnected system of free enterprise must operationalize the rule of law through continuous ... The song remains the same: Exceptionalists against the application of the law
ABA Antitrust Section Transition Report: A Respectful Critique
The American Bar Association Antitrust Section’s Presidential Transition Report (“Report”), released on January 24, provides a helpful practitioners’ perspective on the state of federal antitrust and consumer protection enforcement, and propounds a variety of useful recommendations for marginal improvements in agency practices, particularly with respect to improving enforcement transparency and reducing enforcement-related costs. It also ... ABA Antitrust Section Transition Report: A Respectful Critique
