Showing archive for: “Agriculture & Biotech”
The D.C. Circuit Subjects USDA Pork Barrel Politics to Scrutiny – Will the Lower Court Bring Home the “Economic Liberties” Bacon?
Recently, I discussed at this site the Supreme Court’s imposition of takings liability on the U.S. Department of Agriculture (“USDA”), because USDA fined a small raisin grower for refusing to cooperate with the California Raisins Marketing Order – which, stripped of the fancy verbiage, is little more than a government-supervised output limitation cartel. The California ... The D.C. Circuit Subjects USDA Pork Barrel Politics to Scrutiny – Will the Lower Court Bring Home the “Economic Liberties” Bacon?
Raisins, Takings, and the Regulatory State
Today, in Horne v. Department of Agriculture, the U.S. Supreme Court held that the Fifth Amendment requires that the Government pay just compensation when it takes personal property, just as when it takes real property, and that the Government cannot make raisin growers relinquish their property without just compensation as a condition of selling their ... Raisins, Takings, and the Regulatory State
Mandated “fair use” language has no place in trade promotion authority
Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated “fair use” language has no place in trade promotion authority
Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
The Ninth Circuit Rescues the Government Raisin Cartel
On May 9, 2014, in Horne v. Department of Agriculture, the Ninth Circuit struck a blow against economic liberty by denying two California raisin growers’ efforts to recover penalties imposed against them by the U.S. Department of Agriculture (USDA). The growers’ heinous offense was their refusal to continue participating in a highly anticompetitive cartel. In ... The Ninth Circuit Rescues the Government Raisin Cartel
Ronald Coase on regulation
As Gus said, there will be much more to say, and much more said by others, on Coase’s passing. For now, I offer this excerpt from a 1997 Reason interview he gave with Tom Hazlett: Hazlett: You said you’re not a libertarian. What do you consider your politics to be? Coase: I really don’t know. I don’t reject ... Ronald Coase on regulation
The SHIELD Act: When Bad Economic Studies Make Bad Laws
Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some ... The SHIELD Act: When Bad Economic Studies Make Bad Laws
Podcast of Debate Between Judges Posner and Michel on the Patent System
You can listen here: http://www.fed-soc.org/publications/detail/is-the-patent-system-working-or-broken-a-discussion-with-judges-posner-and-michel-podcast Is the Patent System Working or Broken? A Discussion with Judges Posner and Michel Today, people read almost daily reports about the “broken patent system” in newspaper articles, blogs and at social media websites. Is this true? On the one hand, the high-tech and biotech industries seem awash in patent ... Podcast of Debate Between Judges Posner and Michel on the Patent System
Judge Michel and Judge Posner to Discuss the Patent System on Dec. 19 Teleforum
Next Wednesday, I’m moderating a teleforum discussion between Judge Michel and Judge Posner on the patent system. This teleforum is open to the public, and so anyone can call in. Here’s the information: The Federalist Society’s Intellectual Property Practice Group and The George Mason University Law School Center for the Protection of Intellectual Property Present ... Judge Michel and Judge Posner to Discuss the Patent System on Dec. 19 Teleforum
Debates on Patent System Should Focus on Facts, Not Rhetoric
The following is an op-ed I wrote last week on behalf of the Innovation Alliance, which represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system that supports innovative enterprises of all sizes. Unfortunately, the op-ed not find a home in a ... Debates on Patent System Should Focus on Facts, Not Rhetoric
Today’s Software Patents Look a Lot Like Early Pharma Patents
The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are causing “chaos.” Judge Posner in particular has ... Today’s Software Patents Look a Lot Like Early Pharma Patents
Gary Becker, the Economic Approach to Crime, and Guerilla Grafters
Fruit trees in a number of cities, including San Francisco, are prevented from bearing fruit in the name of “protecting” pedestrians from slip and falls and keeping away insects and vermin. In response to these regulations, a group of Guerilla Grafters has emerged to — you guessed it — graft fruit bearing branches onto the ... Gary Becker, the Economic Approach to Crime, and Guerilla Grafters
