The Archives

Everything written by Kristian Stout on law, economics, and more

Chairman Pai Symposium: Wrap-Up and Thoughts for the Future FCC

One of the themes that has run throughout this symposium has been that, throughout his tenure as both a commissioner and as chairman, Ajit Pai has brought consistency and careful analysis to the Federal Communications Commission (McDowell, Wright). The reflections offered by the various authors in this symposium make one thing clear: the next administration ... Chairman Pai Symposium: Wrap-Up and Thoughts for the Future FCC

Introductory Post: Retrospective on Ajit Pai’s Tenure as FCC Chairman

Ajit Pai will step down from his position as chairman of the Federal Communications Commission (FCC) effective Jan. 20. Beginning Jan. 15, Truth on the Market will host a symposium exploring Pai’s tenure, with contributions from a range of scholars and practitioners. As we ponder the changes to FCC policy that may arise with the ... Introductory Post: Retrospective on Ajit Pai’s Tenure as FCC Chairman

COVID-19 Vaccines Show the Patent System Works

With the COVID-19 vaccine made by Moderna joining the one from Pfizer and BioNTech in gaining approval from the U.S. Food and Drug Administration, it should be time to celebrate the U.S. system of pharmaceutical development. The system’s incentives—notably granting patent rights to firms that invest in new and novel discoveries—have worked to an astonishing ... COVID-19 Vaccines Show the Patent System Works

Geo-Blocking: What is it Good For… A Surprising Amount, Actually.

The European Court of Justice issued its long-awaited ruling Dec. 9 in the Groupe Canal+ case. The case centered on licensing agreements in which Paramount Pictures granted absolute territorial exclusivity to several European broadcasters, including Canal+. Back in 2015, the European Commission charged six U.S. film studios, including Paramount,  as well as British broadcaster Sky ... Geo-Blocking: What is it Good For… A Surprising Amount, Actually.

A Law & Economics Perspective on Ruth Bader Ginsburg

With the passing of Justice Ruth Bader Ginsburg, many have already noted her impact on the law as an advocate for gender equality and women’s rights, her importance as a role model for women, and her civility. Indeed, a key piece of her legacy is that she was a jurist in the classic sense of ... A Law & Economics Perspective on Ruth Bader Ginsburg

Introducing TOTM’s newest blogger Professor Jonathan M. Barnett

We’re delighted to welcome Jonathan M. Barnett as our newest blogger at Truth on the Market. Jonathan Barnett is director of the USC Gould School of Law Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. He has published in the Harvard Law Review, Yale Law Journal, Journal of ... Introducing TOTM’s newest blogger Professor Jonathan M. Barnett

The Earn IT Act and the Institutional Limits of Congress

As the initial shock of the COVID quarantine wanes, the Techlash waxes again bringing with it a raft of renewed legislative proposals to take on Big Tech. Prominent among these is the EARN IT Act (the Act), a bipartisan proposal to create a new national commission responsible for proposing best practices designed to mitigate the ... The Earn IT Act and the Institutional Limits of Congress

The Negative Externalities of Protecting Privacy

The public policy community’s infatuation with digital privacy has grown by leaps and bounds since the enactment of GDPR and the CCPA, but COVID-19 may leave the most enduring mark on the actual direction that privacy policy takes. As the pandemic and associated lockdowns first began, there were interesting discussions cropping up about the inevitable ... The Negative Externalities of Protecting Privacy

Flattening the Curve without Squashing Society: Market Responses to COVID-19

The COVID-19 pandemic is changing the way consumers shop and the way businesses sell. These shifts in behavior, designed to “flatten the curve” of infection through social distancing, are happening across many (if not all) markets. But in many cases, it’s impossible to know now whether these new habits are actually achieving the desired effect.  ... Flattening the Curve without Squashing Society: Market Responses to COVID-19

IP Rights Are Important, Even in Pandemics

  The ongoing pandemic has been an opportunity to explore different aspects of the human condition. For myself, I have learned that, despite a deep commitment to philosophical (neo- or classical-) liberalism, at heart I am pragmatic. I would prefer a society that optimizes for more individual liberty, but I am emphatically not someone who ... IP Rights Are Important, Even in Pandemics

Ongoing Blog Series: The Law, Economics, and Policy of the COVID-19 Pandemic

The following is the first in a new blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available at https://laweconcenter.wpengine.com/symposia/the-law-economics-of-the-covid-19-pandemic/.

Symposium Wrap Up: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?

Last Thursday and Friday, Truth on the Market hosted a symposium analyzing the Draft Vertical Merger Guidelines from the FTC and DOJ. The relatively short draft guidelines provided ample opportunity for discussion, as evidenced by the stellar roster of authors thoughtfully weighing in on the topic.  We want to thank all of the participants for their ... Symposium Wrap Up: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?