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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Promoting a More Adaptable Physician Pipeline

March 25, 2020

In this paper, James Capretta argues that the current system for regulating the physician workforce is not flexible enough to ensure that enough doctors make it into the field to serve all patients. Mr. Capretta offers a number of reforms that, he argues, would streamline the educational and licensing processes for new and immigrating doctors.

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Competitor’s Veto: State Certificate of Need Laws Violate State Prohibitions on Monopolies

February 26, 2020

In this paper, Christina Sandefur argues that well-intentioned laws designed to limit wasteful spending, known as certificate-of-need laws, no serve mostly to allow market incumbents in healthcare to keep new entrants out of the market. This, she argues, is harmful to the public and stands in violation of state anti-monopoly laws.

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Putting the Public Back In “Public Interest” in Patent Law

January 22, 2020

In this paper, the authors lay out a conception of the proper place of ‘public interest’ in patent law, and what they see as current, detrimental uses of that principle. Properly applied, the notion serves the public by promoting innovation, but improperly applied, they argue, public interest can serve to stifle progress.

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The Land Use Labyrinth: Problems of Land Use Regulation and the Permitting Process

January 8, 2020

In this paper, the authors argue that the uncertainty in local land-use rules often makes new building prohibitively risky, costly, and complex. The ambiguity of these rules and the lack of substantial legal recourse for those seeking to build, they suggest, hampers entrepreneurship and healthy economic development and increases inequality. Finally, the authors suggest a set of reforms that might improve the current state of affairs.

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Potential Constitutional Conflicts in State and Local Data Privacy Regulations

December 2, 2019

This paper lays out a set of constitutional concerns pertaining to certain new state and local regulations on data privacy. Do these new rules impinge on free speech, violate the dormant commerce clause, or are they preempted by other federal laws?

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