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  • Legal Memorandum posted November 30, 2016 by Paul Larkin, John-Michael Seibler The Ongoing Lack of EPA Accountability for the Gold King Mine Spill: The EPA’s New “Responder” Theory

    One year ago, Environmental Protection Agency (EPA) employees caused the discharge of approximately 3 million gallons of toxic waste into the Animas River surrounding the Gold King Mine in Colorado.[1] Shortly thereafter, EPA Administrator Gina McCarthy publicly stated that the EPA took complete responsibility for the incident.[2] “Yet, nothing has happened” within the…

  • Commentary posted November 29, 2016 by Alden Abbott Justice Department Ignores the Benefits of Contracting Freedom in its Crabbed Reading of Music Distribution Decrees

    The Antitrust Division of the U.S. Department of Justice (DOJ) ignored sound law and economics principles in its August 4 decision announcing a new interpretation of seventy-five year-old music licensing consent decrees it had entered into separately with the two major American “performing rights organizations” (PROs)  —  the American Society of Composers, Authors, and…

  • Commentary posted November 29, 2016 by John Malcolm Book Review: The War on Cops

    In The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe, Heather Mac Donald, a fellow at the Manhattan Institute, offers a scathing, data-driven account of the misguided and sometimes malicious attacks on the law enforcement community that are spreading like kudzu across the country—and of their consequences. Indeed, as I write this, reports out…

  • Commentary posted November 29, 2016 by Alden Abbott Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)

    In a September 20 speech at the high profile Georgetown Global Antitrust Enforcement Symposium, Acting Assistant Attorney General Renata Hesse sent the wrong signals to the business community and to foreign enforcers (see here) regarding U.S. antitrust policy.  Admittedly, a substantial part of her speech was a summary of existing U.S. antitrust doctrine.  In certain…

  • Commentary posted November 29, 2016 by Alden Abbott Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis

    Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here). …

  • Commentary posted November 29, 2016 by Alden Abbott Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark

    The Global Antitrust Institute (GAI) at George Mason University’s Antonin Scalia Law School released today a set of comments on the joint U.S. Department of Justice (DOJ) – Federal Trade Commission (FTC) August 12 Proposed Update to their 1995 Antitrust Guidelines for the Licensing of Intellectual Property (Proposed Update).  As has been the case with previous GAI filings…

  • Commentary posted November 18, 2016 by Hans A. von Spakovsky Sorry, but the Accurate Legal Term is 'Illegal Alien'

    The College Fix is reporting that the politically correct Rutgers University student newspaper, the Daily Targum, has fired columnist Aviv Khavich for trying to use the term “illegal alien” in a column about illegal immigration. After he complained to his editor that she had changed illegal alien” to “undocumented immigrant” in a column he submitted, he was…

  • Commentary posted November 18, 2016 by Alden Abbott ICN Advocacy Workshop a Success

    On November 1st and 2nd, Cofece, the Mexican Competition Agency, hosted an International Competition Network (ICN) workshop on competition advocacy, featuring presentations from government agency officials, think tanks, and international organizations.  The workshop highlighted the excellent work that the ICN has done in supporting efforts to curb the most serious source…

  • Commentary posted November 18, 2016 by Alden Abbott The FTC, not the FCC, Should Regulate Internet Privacy

    In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements.  This proposed ban is just one among many unfortunate features in the latest misguided effort by the Federal…

  • Commentary posted November 17, 2016 by Hans A. von Spakovsky Clarence Thomas: A Great Justice for the Constitution

    Why do media polemicists such as Jeffrey Toobin continue their uninformed, unfair, and vitriolic attacks on Justice Clarence Thomas as he celebrates his 25th anniversary on the Supreme Court? Because all of their vicious, contemptuous criticism over the past two decades has done absolutely nothing to dissuade this great justice from upholding the Constitution and…

  • Commentary posted November 17, 2016 by Hans A. von Spakovsky, Jason Snead No, Election Fraud Is Not as Unlikely as a Lightning Strike

    Speaking at a partisan fundraiser in Florida last month, President Barack Obama touched on a number of issues near and dear to the hearts of liberals. It was part stump speech, part farewell-tour stop — and part chance to knock efforts at ensuring election integrity one last time. The president just doesn’t think there is such a thing as election fraud. As he informed…

  • Commentary posted November 17, 2016 by James Wallner, John Malcolm On Judicial Nominations, Senators Are Meant to Advise, Not Rubber-Stamp

    With one seat vacant and several more likely to open up over the next four to eight years, the next president could shape the Supreme Court for a generation or more. But presidents aren’t the only ones who can shape the Court. The Constitution assigns joint responsibility to the U.S. Senate. Article II, section 2 stipulates that the president “shall nominate, and by and…

  • Commentary posted November 13, 2016 by Hans A. von Spakovsky The War on Election Integrity

    Shirley Anne Conners, aka Faragalli, was arrested last week. A Canadian citizen living in this country illegally, she had voted in more than 20 elections — including the April presidential primary in New York. She could not have done that if New York had in place common sense election integrity measures such as requiring photo ID for in-person and absentee voting and…

  • Commentary posted November 13, 2016 by Alden Abbott The FTC’s PAE Study Recommendations: Case Not Proven

    On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity.  The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting them…

  • Commentary posted November 13, 2016 by Hans A. von Spakovsky Obama's Post-Presidency Agenda Revealed: Attack State Redistricting in the Name of 'Fairness'

    Eric Holder will chair a new 527 political action committee, the National Democratic Redistricting Committee (NDRC). With that announcement, Holder revealed the deep partisanship that he tried to obscure while serving as attorney general. Yet, that partisanship drove him throughout his tenure as the nation’s top law enforcement officer. Unmentioned in Holder’s…