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In the News

Europe's Antitrust Demagogues Shake Down Google

quoting Thomas Sowellvia Forbes
Wednesday, July 18, 2018

Today the European Union imposed a $5 billion fine on Alphabet Inc., owner of Google, for antitrust violations. The punishment illustrates the power of that most abiding of monopolists, government, to extract rents and impose deadweight losses.

In the News

The Market For Regulation In The Internet Of Things

via Hoover IP2
Tuesday, July 17, 2018

As the 4th Industrial Revolution progresses, the Hoover Institution Working Group on Intellectual Property, Innovation, and Prosperity (Hoover IP²) is looking towards a new horizon of patent policy that is tied to a crucial component of this technological revolution: the Internet of Things (IoT). The IoT will be the focus of Hoover IP²’s upcoming conference, the “Market for Regulation in the Internet of Things,” to take place January 11–12, 2019.

Analysis and Commentary

The Supreme Court Tackles Patent Reform: Inter Partes Review Under The AIA Undermines The Structural Protections Offered By Article III Courts

by Richard A. Epsteinvia The Federalist Society
Tuesday, July 17, 2018

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court, by a seven-to-two vote, upheld the controversial provisions of the America Invents Act (AIA) that allow for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) after the final issuance of a patent. Petitioners argued unsuccessfully that the AIA’s IPR procedures violated Article III and the Seventh Amendment of the Constitution. The majority opinion was written by Justice Clarence Thomas on behalf of Justices Kennedy, Ginsburg, Breyer, Alito, Kagan, and Sotomayor. Justice Neil Gorsuch wrote a short dissent in which Chief Justice Roberts joined.

Featured

I Picked A Fine Time To Become An American

by Niall Fergusonvia The Boston Globe
Tuesday, July 17, 2018

I picked a fine time to become an American. It was a gray, overcast morning in Oakland, Calif. The finest England football team for a generation had just been beaten by the dastardly Croats. And Hurricane Donald Trump had just made landfall in London.

Featured

Hoover Scholars Analyze Supreme Court Nominee Brett Kavanaugh

Tuesday, July 17, 2018
Hoover Institution, Stanford University

Supreme Court nominee Brett Kavanaugh is likely to adhere to the original meaning of the US Constitution and offer skepticism about the growth of the administrative state, say Hoover scholars.

News
Analysis and Commentary

Deport The Deplorables?

by Victor Davis Hansonvia American Greatness
Tuesday, July 17, 2018

Deport the Deplorables is a slogan of popular culture, found on bumper stickers, t-shirts, and internet postings. But now the mini-industry of deplorable/deportable sloganeering has made its way into more elite circles.

The Supreme Court
Featured

Ten Commandments Of The Supreme Court

by Victor Davis Hansonvia National Review
Tuesday, July 17, 2018

1) Right to Left. The majority of post-war Republican Supreme Court nominees, who were initially perceived as conservative, turned liberal on the bench (Harry Blackmun, William Brennan, David Souter, John Paul Stevens, Earl Warren), or went from right-wing to center-right or centrist (Warren Burger, Sandra Day O’Connor, Anthony Kennedy, John Roberts). 

Analysis and Commentary

Judges Should Respect The Constitution More Than Precedent

by David Davenportvia Townhall
Monday, July 16, 2018

Below the surface of Senate hearings on whether Judge Brett Kavanaugh should be confirmed to the Supreme Court is a tug of war that should be brought to light. It is a battle between a judge’s commitment to follow judicial precedents versus faithfulness to the Constitution itself.

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Progressives Come After Brett Kavanaugh

by Richard A. Epsteinvia Defining Ideas
Monday, July 16, 2018

Overwrought liberal critics cast the judge as a right-wing ideologue.

In the News

Justice Elena Kagan’s Scholarly Connection With Brett Kavanaugh

quoting Jack Goldsmithvia The Daily Signal
Thursday, July 12, 2018

A surprise shoutout from President Donald Trump’s conservative Supreme Court nominee to one of the high court’s liberal justices proved to be a rare note of civility amid the partisan rancor from the left surrounding the pick.

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