Tag: Law

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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SCOTUS Affirms That Abstract Ideas Are Not Patent-Eligible »

It is no secret that innovation suffers because of the current state of patent law. Too many overly broad patents are issued and present patent trolls with the opportunity to sue, sue, and sue again. Today, the High Court in Alice Corp. v. CLS Bank, made abundantly clear that abstract ideas are not patentable....
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Is “Redskins” Offensive? »

Controversy over the nickname of the NFL’s Washington Redskins has been swirling for nearly a year. Today, the United States Patent and Trademark Office (USPTO) announced that it had withdrawn governmental protection for exclusive use of that name, meaning ironically that anyone (an individual or business enterprise) henceforth can call itself the “Washington Redskins”....
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Patent Troll Hit with Legal Fees »

The Electronic Frontier Foundation has a good post up on how the patent troll Lumen View just got hit with a fee award in federal court. This is in part because of recent Supreme Court decisions making it easier for defendants to collect attorney’s fees when they win patent suits. The troll’s patent was but a description...
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In Defense of Edward Snowden Against John Kerry’s Slanderous Attacks »

“The notion that a radical is one who hates his country is naïve and usually idiotic. He is, more likely, one who likes his country more than the rest of us, and is thus more disturbed than the rest of us when he sees it debauched. He is not a bad citizen turning to...
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