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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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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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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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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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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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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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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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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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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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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