Showing archive for: “Legal Profession & Scholarship”
“FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
As it begins its hundredth year, the FTC is increasingly becoming the Federal Technology Commission. The agency’s role in regulating data security, privacy, the Internet of Things, high-tech antitrust and patents, among other things, has once again brought to the forefront the question of the agency’s discretion and the sources of the limits on its power.Please join us this Monday, December ... “FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
William Buckley once described a conservative as “someone who stands athwart history, yelling Stop.” Ironically, this definition applies to Professor Tim Wu’s stance against the Supreme Court applying the Constitution’s protections to the information age. Wu admits he is going against the grain by fighting what he describes as leading liberals from the civil rights ... Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
We’re delighted to welcome two new bloggers to Truth on the Market: Gus Hurwitz and Ben Sperry. Gus is an assistant professor of law at the University of Nebraska. His work looks at the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and ... Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Josh and Maureen are to be commended for their important contributions to the discussion over the proper scope of the FTC’s Section 5 enforcement authority. I have commented extensively on UMC and Section 5, Josh’s statement, and particularly the problems if UMC enforcement against the use of injunctions to enforce FRAND-encumbered SEPs before (see, for ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
[The following is a guest post by Thomas McCarthy on the Supreme Court’s recent Amex v. Italian Colors Restaurant decision. Tom is a partner at Wiley Rein, LLP and a George Mason Law grad. He is/was also counsel for, among others, Petitioner Abigail Fisher in Fisher v. University of Texas Petitioner Shelby County, Alabama in Shelby County v. Holder Respondent ... The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
How Copyright Drives Innovation in Scholarly Publishing
[Cross posted at the Center for the Protection of Intellectual Property blog.] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new ... How Copyright Drives Innovation in Scholarly Publishing
Meese on Bork (and the AALS)
William & Mary’s Alan Meese has posted a terrific tribute to Robert Bork, who passed away this week. Most of the major obituaries, Alan observes, have largely ignored the key role Bork played in rationalizing antitrust, a body of law that veered sharply off course in the middle of the last century. Indeed, Bork began his 1978 ... Meese on Bork (and the AALS)
“Google and Antitrust” roundtable at AALS
I will be participating in a wide-ranging discussion of Google and antitrust issues at the upcoming AALS meeting in New Orleans in January. The Antitrust and Economic Regulation Section of the AALS is hosting the roundtable, organized by Mike Carrier. Mike and I will be joined by Marina Lao, Frank Pasquale, Pam Samuelson, and Mark ... “Google and Antitrust” roundtable at AALS
My latest article: A Signaling Theory of Law
Available here. Although not the first article to build on Orin Kerr’s brilliant paper, A Theory of Law (blog post here) (that honor belongs to Josh Blackman’s challenging and thought-provoking paper, My Own Theory of the Law) (blog post here), I think this is an important contribution to this burgeoning field. It’s still a working paper, though, ... My latest article: A Signaling Theory of Law
Dear DOJ: Take a Look at the Law Schools.
The U.S. Department of Justice sued eBay last week for agreeing not to poach employees from rival Intuit. According to the Department’s press release, “eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company.” DOJ maintains that agreements among ... Dear DOJ: Take a Look at the Law Schools.
Josh Wright to be nominated to be next FTC Commissioner
Truth on the Market and the International Center for Law & Economics are delighted (if a bit saddened) to announce that President Obama intends to nominate Joshua Wright, Research Director and Member of the Board of Directors of ICLE and Professor of Law at George Mason University School of Law, to be the next Commissioner ... Josh Wright to be nominated to be next FTC Commissioner
The Nirvana Fallacy is Not the “Fiction” Fallacy
In a response to my essay, The Trespass Fallacy in Patent Law, in which I explain why patent scholars like Michael Meurer, James Bessen, T.J. Chiang and others are committing the nirvana fallacy in their critiques of the patent system, my colleague, T.J. Chiang writes at PrawfsBlawg: The Nirvana fallacy, at least as I understand ... The Nirvana Fallacy is Not the “Fiction” Fallacy
