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Articles by Michael M. Rosen

Uber Upstarts: Technological Progress and Its Discontents Friday, July 18, 2014
The battle between new smartphone-enabled 'transportation network companies' and legacy taxicabs largely mirrors the age-old war over productivity, a war that ...
Attorney Fees in Patent Cases: There is a Middle Ground Wednesday, June 18, 2014
Automatically awarding attorney fees to the prevailing party, at least in patent cases, would be a grave mistake and wreak havoc on our legal system.
The Left’s Limits on Free Speech Wednesday, April 23, 2014
The contemporary legal and political Left values political free speech only insofar as it leads to collective action.
Tribal Wisdom in Modern Times Wednesday, March 19, 2014
An ambitious new book grapples with some of the thorniest socio-moral questions ever to have bedeviled political philosophers, falling short when it attempts ...
Sweden’s Swing toward a Free Market Wednesday, January 29, 2014
Startups and regulatory restraint have fueled Swedish economic growth.
How to Clean Up the Senate’s Nuclear Fallout Thursday, December 12, 2013
It would be a mistake for Republicans to perpetuate Senator Reid’s drastic changes to Senate procedures on nominations. Here’s a proposal for restoring the ...
RX for R&D: Repealing the Medical Device Tax Tuesday, November 5, 2013
The ill-considered medical device excise tax used to fund Obamacare should be repealed. The tax will reduce spending on research and development and cost tens ...
The Right Way to Combat Patent Trolls Tuesday, October 22, 2013
Although the problem of patent trolls is growing rapidly — a majority of patent lawsuits now involve such entities, costing billions of dollars annually — we ...
Reversing Reverse Payments: The Actavis Decision Monday, September 9, 2013
In a recent ruling, the U.S. Supreme Court put an end to so-called 'reverse settlements' in pharmaceutical patent cases. But at what cost?
Perry Ruling Spells Peril for States Friday, July 12, 2013
The Supreme Court’s decision in Hollingsworth v. Perry successfully dodged the bullet of a same-sex marriage ruling, but it also placed the democratic ...
A Roundup: Myriad, Monsanto, and the Supreme Court Tuesday, June 18, 2013
In recent rulings on patents, the Supreme Court spoke with a rare, single voice, devising a framework that encourages innovation while also ensuring that its ...
Austerity and Its Discontents Wednesday, May 29, 2013
After a period of pushback, proponents of austerity are retaking the intellectual high ground and promoting responsible budgeting throughout the developed ...
Could California Make a Comeback? Wednesday, May 15, 2013
An unexpected glimmer of hope might cast a new light on the Golden State.
Expecting the Unexpecting Monday, March 25, 2013
Jonathan Last’s recent book gives an incisive analysis of the plummeting U.S. birth rate's key economic effects.
Greens’ Irrational Fear Flies Again Wednesday, February 20, 2013
A closer look at environmentalists’ hatred of air travel.
The Constitution, in Text and Spirit Friday, January 11, 2013
Akhil Reed Amar seeks to establish a new approach to jurisprudence.
Are We Doomed No Matter Who Wins? Monday, November 5, 2012
At first glance it certainly appears that way.
Will California Become a Right-to-Give State? Thursday, September 27, 2012
How the Golden State may unshackle workers from their union overlords.
Free Speech for Me, But Not for Thee, PC? Monday, August 20, 2012
Free speech rights ‘for computers’—in all their glory and with all their limitations—are fundamentally derived from human activity, warts and all.
The New Textualists’ Finest Hour? Thursday, June 28, 2012
The New Textualists found a receptive audience in the separate opinion authored by Justice Ginsburg and joined, mostly, by Justices Breyer, Sotomayor, and ...
Love, Happiness, and Other Things Money Can’t (Or At Least Shouldn’t) Buy Friday, June 22, 2012
Are there limits to markets?
Tyrannosaurus Ecs Thursday, May 10, 2012
Liberals, economic illiteracy, and The Tyranny of Clichés.
Lights, Camera, Crazy! Friday, April 20, 2012
We have much to fear from our dysfunctional regime of higher education.
Pity the Progressive Friday, March 23, 2012
Progressive pundits are befuddled, time and again, by the resilience of Americans’ faith in free enterprise. Consider Thomas Frank.
Labor’s Under-the-Radar Power Grab Tuesday, February 21, 2012
A closer look at project labor agreements and their high cost to taxpayers.
Software Patents: Reform, Not Repeal Friday, December 9, 2011
As we seek to further calibrate the delicate balance so critical to our regime of incentivizing innovation, we should reform software patents, not repeal them.
Two Cheers (at Least) for Targeted Killings Friday, October 14, 2011
Why the Nobel Peace Prize winner is right to assassinate terrorists.
Patents Defended Monday, September 12, 2011
Recent court rulings and a new law have reined in the excesses of the U.S. patent system.
Steal This F&$#ing Book! Monday, June 6, 2011
A surprise best seller raises interesting questions about intellectual property in the digital age.
The Real Problem With High-Speed Rail Wednesday, March 23, 2011
We’re borrowing late 21st-century money to build late 20th-century technology to benefit early 21st-century politicians.
 
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