Larry Lessig flagellates himself about losing the Eldred case, which upheld the legality of copyright extensions. He shouldn't: Eldred was unwinnable. (The Court's 7-2 vote is one clue). Besides, the worst of the Sonny Bono Copyright Term Extension Act's effects can still be made to disappear,...

Judge Richard Posner argues that empirical work provides strong support for the deterrence value of capital punishment and that the number of truly innocent people executed for murder is "vanishingly small."

The question is whether it is possible to have a congestion externality in intellectual property, such as the Mickey Mouse character. Literally, the answer is no. Figuratively, it is yes.

Larry Lessig flagellates himself about losing the Eldred case, which upheld the legality of copyright extensions. He shouldn’t: Eldred was unwinnable. (The Court’s 7-2 vote is one clue). Besides, the worst of the Sonny Bono Copyright Term Extension Act’s effects can still be made to...

The question is whether it is possible to have a congestion externality in intellectual property, such as the Mickey Mouse character. Literally, the answer is no. Figuratively, it is yes.