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The Supreme Court Misses the Mark in Murr v. Wisconsin – It's High Time to Reconcile Regulatory and Physical Takings Law

  1. Background: The Murr v. Wisconsin Case

On June 23, in a 5-3 decision by Justice Anthony Kennedy (Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined; Justice Neil Gorsuch did not participate), the U.S. 1,658 more words

Truth On The Market

The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles

  1. Background

On June 19, in Matal v. Tam, the U.S. Supreme Court (Justice Gorsuch did not participate in the case) affirmed the Federal Circuit’s ruling that the Lanham Act’s “disparagement clause” is unconstitutional under the First Amendment’s free speech clause.   884 more words

Truth On The Market

A Comprehensive Overview (and Sound Analysis) of the Law and Economics of FRAND Litigation, Here and Abroad

Too much ink has been spilled in an attempt to gin up antitrust controversies regarding efforts by holders of “standard essential patents” (SEPs, patents covering technologies that are adopted as part of technical standards relied upon by manufacturers) to obtain reasonable returns to their property. 1,068 more words


The Present State and Future Prospects of the International Competition Network (ICN)

  1. Introduction

The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. 2,241 more words


Global Antitrust Institute Points the Way Toward Sounder Japanese Antitrust Guidelines

The indefatigable (and highly talented) scriveners at the Scalia Law School’s Global Antitrust Institute (GAI) once again have offered a trenchant law and economics assessment that, if followed, would greatly improve a foreign jurisdiction’s competition law guidance. 1,438 more words

Truth On The Market

The European Approach to Standard Essential Patents (SEPs): A Sound Critique by Scalia Law’s Global Antitrust Institute (GAI)

The Scalia Law School’s Global Antitrust Institute (GAI) has once again penned a trenchant law and economics-based critique of a foreign jurisdiction’s competition policy pronouncement.  On April 28, … 653 more words

Truth On The Market