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Full-Text Articles in Law
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Washington and Lee Law Review
Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where a single governmental actor has the power to set prices in a regulatory area. The Article explains how regulatory monopolists like the PTO could enhance social welfare via differential pricing—by charging regulated entities differing fees based on their willingness and ability to pay. In particular, …
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Washington and Lee Law Review
No abstract provided.
Dynamic Forest Federalism, Blake Hudson
Dynamic Forest Federalism, Blake Hudson
Washington and Lee Law Review
State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …