Tag: Law

New Study Links Patent Trolls to Decline in R&D Spending and Other Ills »

A new paper (“Patent Trolls: Evidence from Targeted Firms”) written by researchers from Harvard University and the University of Texas offers more evidence of the harm that patent trolls cause to the American economy. The data show that (1) trolls target companies flush with cash, (2) seek targets likely to settle rather than litigate, and (3)...
Read More »

Misplaced Outrage over the NCAA’s Decision to Reduce Sanctions on Penn State »

In a USA Today column published on September 8, Nina Mandell is livid about the lessening of sanctions imposed on Penn State two years ago in connection with charges of child sexual abuse against assistant football coach Jerry Sandusky. Those sanctions, which included a $60 million fine, a reduction in football scholarships, and a...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »

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...
Read More »