State Mandates for Digital Book Licenses to Libraries are Unconstitutional and Undermine the Free Market

February 13, 2023

The authors of this paper assert that the proposed compulsory licensing by states threatens the well-founded principle of a uniform federal copyright law established by the U.S. Constitution and its designation of Congress as the body responsible for securing to authors their exclusive rights. 

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The Coming Onslaught of “Algorithmic Fairness” Regulations

November 2, 2022

The authors of this paper examine the growth of “algorithmic fairness” regulations at the federal, state, and international level, and discuss ramifications for administrative state regulation and innovation in markets. 

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COVID-Era Healthcare Solutions for the Post-COVID World

April 18, 2022

The authors of this paper examine how healthcare laws and regulations were adjusted to deal with the COVID-19 pandemic, and argue that some of these changes should be made permanent.

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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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