Tag: Law

Patent Trolls: Their Threat to U.S. Innovation—and the Solutions »

A menace is threatening technological innovation in America: the menace of patent trolls. Their modus operandi: Patent trolls make money—big money—through litigation, rather than by creating and selling products or services themselves. Typically, they acquire an overly broad patent and then lie in wait as the market for the patented product or service develops...
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Muckraker or Special Pleader? »

In “A Brief History of Media Muckraking”, the Wall Street Journal’s Amanda Foreman traces the contributions of “reform-minded journalists from Ida Tarbell to [Bob] Woodward” and a few others who spilled newspaper ink writing about abuses of power by the private and the public sector. Obviously a fan of the progress made during the...
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Are Lawsuits Ending or Mending Teacher Tenure? »

Last month Los Angeles Superior Court Judge Rolf M. Treu handed down a landmark decision in Vergara v. California. A group of student plaintiffs supported by a Silicon Valley entrepreneur argued that state tenure laws violated the State Constitution, kept bad teachers on the job, and deprived them of a quality education. A similar...
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Obamacare Architect Warned That Tax Credits Would Be Available Only in States with Exchanges »

Halbig versus Burwell is the famous lawsuit that claims that Obamacare federal health-insurance exchanges cannot pay tax credits to health insurers. The plain language of the law is that only state-based Obamacare health-insurance exchanges can channel these tax credits. The real champions of this argument are Michael Cannon and Jonathan Adler of the Cato...
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Obamacare’s Tax Credits in Jeopardy »

Today, we received dueling circuit court decisions on Obamacare’s tax credit component. The D.C. Circuit held (2-1) that the tax credits do not apply to health insurance purchases through an exchange established by the federal government, whereas the Fourth Circuit held that they do. If the subsidies are not available for insurance purchased through exchanges established by the feds, then Obamacare...
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Gun Violence Is a Consequence of War »

My hometown of Tallahassee, Florida, has recently shown an increased concern about gun violence. Not only are Tallahasseans shooting each other, so far in 2014 the Tallahassee Police have shot four people, killing two. A related concern is that people seem to have little trust in the police. The concern has been manifested in...
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Tech Companies Work to Tame Patent Trolls without Government Help »

In the wake of Congress failing to pass patent litigation reform this year, the private sector has gotten into gear and has taken matters into its own hands. Tech companies have formed LOTNet. This article from Motherboard sums up this new idea: As they say, if you can’t go through, go around. Enter the License...
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Do Private Prisons Make Financial Sense for States? »

Most states use contract prisons for some of their corrections needs, often in the hope of saving money, but is contracting out really all that worthwhile for states? The current debate about prisons and the private sector has often generated more heat than light. Fortunately, a new study from the Independent Institute answers the...
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Why Hobby Lobby Is Not an Assault on Women »

The reactions from the progressive side of the fence to Burwell v. Hobby Lobby Stores, Inc. was stunning. The spin is that American women have been stripped of fundamental constitutional protections. Sandra Fluke at The Washington Post’s blog claimed that “[t]he Hobby Lobby case is an attack on women.” The White House lamented that the...
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The Economics of Offensive Trademarks »

My fellow blogger William Shughart recently gave a good critique of the Patent and Trademark Office’s decision to rescind protection of the Washington Redskins’ name. I agree with him that whether some people view a trademark as offensive should not be a criterion for determining whether it should be protected. If a large number...
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