The Supreme Court Tackles Patent Reform

Richard Epstein

October 27, 2017

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC is the most important intellectual property case to come before the Supreme Court in many years. It challenges some of the innovative dispute resolution provisions of the 2011 American Invents Act (AIA) the most significant legislative reform of patent law since the Patent Act of 1952. Oil States assumes its vast significance because its outcome will determine, perhaps for decades, the litigation framework for all future patent disputes.

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Can Regulations Come with Unintended Costs?

J. Kennerly Davis, Jr.

October 25, 2017

Can regulations come with unintended costs? They certainly can, and often do.

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The Bureau Shrinks the Supply of Smaller Dollar Loans. What About the Demand?

Wayne A. Abernathy

October 13, 2017

These days the financial regulators are engaging in a careful but high priority regulatory reform process, looking at regulations of recent years to see how they may be revised and refined to promote economic growth. Except for the Bureau of Consumer Financial Protection. The Bureau is still in the business of adding new regulations.

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High Stakes in “Waters of the United States” Rulemaking

Donald Kochan

October 3, 2017

The WOTUS debate raises a lot of big issues. “Restoring Meaningful Limits to ‘Waters of the United States'” offers a good summary of the stakes involved in getting the definition right.

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Jones Act Waived for Puerto Rico – RTP Expert Argues for Complete Repeal

Devon Westhill

September 28, 2017

Today, President Donald J. Trump waived the requirements of the Merchant Marine Act of 1920 – better known as the Jones Act – for Hurricane-battered Puerto Rico. The waiver takes effect immediately.

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What Can a Sandbox in Arizona Do for Financial Innovation?

Wayne A. Abernathy

September 6, 2017

History demonstrates that innovation is one of the things that a free society does best. Fostering innovation was one of the goals of the Founders who created a federal system of government, since centralization of power tends to discourage new thinking, creativity, and new ways of doing things. This is particularly true for new ways of doing things that can challenge “old ways.” Some “old ways,” such as freedom and individual rights, are timeless. Others are more temporal and in need of adjustment to remain relevant to evolving societies and conditions.

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Occupational Licensing, Antitrust, and Innovation Panel

Patience Roggensack and Lisa Kimmel

August 8, 2017

While professional licensing can have an important role to play in protecting consumers, the proliferation of state occupational licensing regulations over the past fifty years raises important competition policy concerns.

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SEC Report: Cryptocurrencies as Securities?

Jerry Brito

August 3, 2017

The SEC recently issued an investigative report concluding that some crypto-tokens can be securities. What the SEC did not say is that all tokens are securities.

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Regulation and the American Dream

Devon Westhill

July 14, 2017

The Regulatory Transparency Project is pleased to announce the release of the trailer video for its new Fourth Branch video series.  The trailer features several experts in regulation – including Senator Dan Sullivan – discussing both benefits and costs of regulation.

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Occupational Licensing and the American Dream

James C. Cooper, Koren Wong-Ervin, and Joshua D. Wright

July 13, 2017

More than a quarter of the American labor force requires a state license to work, a five-fold increase since the 1950s. Occupational licensing imposes restrictions on competition in every reach of the modern economy — with pernicious effects.

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