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Pandemics, Patents, and Price Controls


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The second decade of the 21st century was bookended by two great crises the Great Recession and the COVID-19 pandemic. In addition to the colossal impact these events have had on our daily lives, they resulted in
massive increases in government power and spending. During the Great Recession, Rahm Emmanuel, Chief of Staff for President Barack Obama, infamously said, “You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things that you think you could not do before.”REF This adage was applied in the Great Recession and it certainly has been applied in the COVID-19 pandemic.REF ....

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The Constitutional Protection of Intellectual Property


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Intellectual property has been a key part of American exceptionalism the unique commitment in our political and legal institutions to natural rights and the rule of law as secured by a government of limited powers.REF When the Framers authorized Congress to secure patents and copyrights in the United States Constitution, it was unprecedented. No country’s founding document had done this before. As other intellectual property rights such as trademarks and trade secrets evolved in the 19th century, they too were secured by the unique American approach to securing all property rights in legal institutions governed by the rule of law.REF ....

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