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Government versus Progress

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Intellectual Privilege: Copyright, Common Law, and the Common Good by Tom W. Bell (Mercatus Center 2014), 238 pages. Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom by Adam Thierer (Mercatus Center 2014), 1089 pages. These books cover two different aspects of the same phenomenon — how laws and regulations obstruct progress. Tom Bell’s Intellectual Privilege examines copyright law, which ...

“And the Pursuit of Happiness”: Nathaniel Branden, RIP

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Libertarians and others have wondered why Thomas Jefferson’s Declaration of In-dependence concludes its explicitly incomplete list of unalienable rights with the pursuit of happiness rather than property. The website Monticello.org states, Unfortunately, Thomas Jefferson himself never explained his use of the phrase “pursuit of happiness” in the Declaration of Independence. However, he was almost certainly influenced by George Mason’s Virginia ...

Official Homicide and Legal Rhetoric in Mr. Barron’s Memo

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The Barron Memo released last summer — if “released” means badly mangled — is an interesting literary production. Its full title is “Applicability of Federal Criminal Laws and the Constitution to Contemplated Lethal Operations Against Shaykh Anwar al-Aulaqi.” Here, David J. Barron, who was acting assistant attorney general in the Office of Legal Counsel (OLC), argued as of July ...