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Property Rights

Young Legal Scholars Paper Presentations - Event Audio/Video

17th Annual Faculty Conference
William Baude, Charles Korsmo, Minor Myers, Christopher Newman, Christopher J. Walker, Kevin Walsh, James Lindgren, Keith N. Hylton, Richard W. Garnett January 09, 2015

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Young Legal Scholars Paper Presentations
2:30-4:30 pm
In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow

  • Prof. William Baude, University of Chicago Law School, "Is Originalism the Law?"
  • Prof. Charles Korsmo, Case Western University School of Law, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Minor Myers, Brooklyn Law School, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Christopher Newman, George Mason University School of Law, "Bailment and the Property/Contract Interface"
  • Prof. Christopher Walker, Ohio State University Moritz College of Law, "Inside Agency Interpretation"
  • Prof. Kevin Walsh, University of Richmond School of Law, "In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions"
  • Commentor: Prof. James Lindgren, Northwestern University School of Law
  • Commentor: Prof. Keith Hylton, Boston University School of Law
  • Moderator: Prof. Richard Garnett, University of Notre Dame Law School

Washington, DC
January 3, 2015

The Regulatory Reach of the FTC, and its International Implications - Event Audio/Video

Patents and Innovation: Addressing Current Issues
Alden Abbott, Joshua D. Wright, Paul R. Michel, Dean A. Reuter December 04, 2014

Parity between the treatment of intellectual property rights (IPRs) and real property is a core principle of the DOJ/FTC 1995 Guidelines on licensing patents, which provide that the “[a]gencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of tangible or intangible property.”  Are these guidelines still being followed, or have the Federal Trade Commission and Department of Justice have taken actions that signal a departure, and perhaps a skepticism about patent licensing activity, particularly with respect to technological standards?  Under either scenario, what are the implications for innovative U.S. companies at home and abroad, including in China where regulators are using antimonopoly powers to extract commercial concessions from U.S. technology leaders?   How can patent rights and competition policiesbest co-exist while preserving incentives for firms to invest in R&D and disseminate patented technologies through licensing, standard setting, and other voluntary arrangements?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Alden F. Abbott, Deputy Director, Edwin Meese III Center for Legal and Judicial Studies; John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation; former Director of Patent and Antitrust Strategy, BlackBerry
  • Hon. Joshua D. Wright, Commissioner, Federal Trade Commission
  • Moderator: Hon. Paul Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC