This paper addresses the important question: What is the proper role of the state in the general area of environmental regulation? The subject itself poses certain major difficulties for political theories which, whatever their differences, at least call for both a...

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This brief explains amici's understanding of the relevant economic analysis. It explains why basic economic principles underlying the analysis of multi-sided markets lead to the conclusion that a plaintiff should be required to demonstrate, at a minimum, that: (1) the allegedly unlawful...

This article examines Murr v. Wisconsin, which will be the Supreme Court's latest addition to its takings jurisprudence for the 2016–17 term. The precise question in the case asks how the “parcel-as-a-whole” test of Penn Central Transportation Co. v. City of New York applies to two...

Moral philosophers have often grappled with defining rights and duties without looking to the overall consequences of certain rules. The leading defender of that position is Immanuel Kant, whose moral theory talks about how to universalize given norms without regard to their consequences. In...

This chapter explores the interrelationship between these two basic provisions, both as a matter of general theory and through their development in case law over the past 130 years—which spans multiple eras of technological innovation. It is easy to find cases where patent law appears to move...

In this paper, Richard A. Epstein, Professor of Law at the University of Chicago, explains how there are substantial gains to be made from countries getting ‘easy’ policy decisions correct. Societies collapse and become impoverished when they do not accept the basic principles of freedom to...