Checks, Balances, and Emergencies: Tensions Between Emergency Management Acts and Constitutional Governance

November 17, 2021

The authors of this paper assess how Emergency Management Acts have been used during the COVID-19 pandemic and offer suggestions for how they can be adjusted to better prepare state and local governments for future emergencies.

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COVID Vaccine IP Waiver: A Pathway to Fewer, Not More, Vaccines

October 28, 2021

In this paper, the authors examine a proposal to exempt COVID-19 vaccines and treatments from international intellectual property protections, and argue that such an exemption is unnecessary and could threaten innovation.

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Putting Innovation First: The “New Madison Approach” to Patent Licensing and Antitrust

October 19, 2021

In this paper, the authors advocate for an approach to antitrust and intellectual property that “appropriately protect[s] the legitimate property rights of patent holders and [shields] their unilateral patent licensing decisions from unwarranted antitrust attack.”

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Holding States Accountable for Copyright Piracy

May 13, 2021

In this paper, the authors lay out how copyright law and state sovereign immunity have recently come into conflict, explain why that conflict matters, and propose a legislative solution.

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Legislative Exits from the Land Use Labyrinth

May 3, 2021

In this paper, the authors argue that land use restrictions limit housing supply and increase housing costs, lay out why the judiciary is unlikely to solve this problem, and evaluate several potential legislative solutions.

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Aligning Intellectual Property, Antitrust, and National Security Policy

March 10, 2021

The authors argue that the U.S. must remain an active participant in 5G technological development through its antitrust and intellectual property policies to ensure the safety of the systems on which the U.S. military relies and avoid cybersecurity vulnerabilities.

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Deepfake Laws Risk Creating More Problems Than They Solve

March 1, 2021

Matthew Feeney explains what “Deepfake” technology is, assesses existing and proposed legislation to address the technology, and argues that any such legislation must be narrowly tailored to avoid unintended consequences.

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Improper Third-Party Payments in U.S. Government Litigation Settlements

February 22, 2021

In this paper, the authors lay out how the United States government negotiated settlements in which settling defendants were forced to pay “donations” to third parties not involved in the cases. The authors go on to argue that this practice – halted in 2017 – was unconstitutional and must remain permanently proscribed.

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Ten Reforms to Spur Coronavirus Recovery

September 17, 2020

In this paper, the authors offer ten policy proposals for mitigating the economic fallout of the COVID-19 pandemic. These proposals include both positive reforms and warnings about pitfalls that are likely to make the situation worse.

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Closing the Streaming Loophole

July 20, 2020

In this paper, the authors argue that piracy poses a significant threat to the rapidly-growing legitimate online streaming industry. They contend that lawmakers must make piracy through online streaming a felony, rather than misdemeanor, in order to more effectively deter bad actors.

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