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Trademarks: Theory, Practice and Abuse

December 18, 2008

Analysis of:Trademarks help protect against consumer confusion | www.reporternews.com

Trademarks can provide a business with a way to identify its products and sevice as distinctive and thereby help consumers find businesses that they learn to trust. However, because it is possible to sell trademarks to companies that have no tradition or commitment to the standards of the business that earned consumer trust, the trademark can just as easily mislead consumers about quality and service and thereby lessen the value of trademarks for all products.

Free Markets Work When Properly Regulated

October 3, 2008

Analysis of:Everybody Calm Down. A Government Hand In the Economy Is as Old as the Republic. | www.washingtonpost.com

Markets cannot exist without trust. Unfortunately, the financial markets that are in trouble were structured in ways that created irresistible temptations for abuse and promoted the creation of systemic risks that now threaten the US and Global economies.

Preemption is Blooming

September 18, 2008

Analysis of:No Redemption for Preemption | www.huffingtonpost.com

Preemption of state and federal regulation has become one of the most significant judicial consequences of the Bush era appointments to the federal courts. The decisions of the Supreme Court and lower federal courts have narrowed the ability of state courts, state agencies and federal agencies to protect and provide legal remedies to persons who have been harmed by behavior that previously was protected or might have been protected. These decisions invalidate state tort laws and state regulatory programs on the ground that the federal government has or could regulate the behavior and thus specific federal laws preempt or supercede state law and even other federal laws. There is a great irony in these decisions. The "conservative" Supreme Court Justices have typically supported states rights over federal actions. That era seems to be over.

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