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8 Dec 2017, 8:51 am
Daniel Hemel and Eric Posner argued that the Logan Act would be construed narrowly to limit its scope if courts ever applied it. [read post]
10 Oct 2017, 10:32 pm
[This post is co-authored with Daniel Hemel, an assistant professor of law at the University of Chicago Law School, and cross-posted at Whatever Source Derived.] [read post]
2 Apr 2018, 1:29 pm
Government takings of patents would thus not be so different from other proposals for changing the allocation aspect of patents, such as Michael Kremer's patent buyouts or the Ayres–Klemperer proposal for duopoly pricing, as Daniel Hemel and I discuss in a forthcoming article. [read post]
22 Jan 2018, 11:56 am
But for exhaustion, as I have discussed with Daniel Hemel, sales may be able to be restructured as licenses that do not exhaust patent rights. [read post]
14 Mar 2014, 12:46 pm
As Lisa Larrimore Ouellette observes in her blog post for this conference, and co-authored paper with Daniel Hemel, delayed and speculative rewards under an ex post incentive regime can deter creative investment. [read post]
30 Jun 2014, 1:36 pm
.), by Daniel Hemel and Lisa Larrimore OuelletteAnother place to look for these sorts of arguments is in the the work of economists like Brian Wright (Patents, Prizes, and Research Contracts), and Joseph Stiglitz. [read post]
27 Feb 2020, 3:40 am
Daniel Hemel has this blog’s analysis of Tuesday’s opinion in Rodriguez v. [read post]
24 May 2018, 4:11 am
” Additional commentary comes from Orly Lobel at PrawfsBlawg, Damon Root at Reason’s Hit & Run blog, Mark Joseph Stern at Slate, Daniel Hemel, also at Slate, Ian Millhiser at ThinkProgress, and Noah Feldman in an op-ed for Bloomberg, who writes that “[s]een in terms of jurisprudence, the decision reflected a serious philosophical difference between the two wings of the court[:] The conservatives insisted on a literalist, original-intent reading of the… [read post]
26 Nov 2017, 8:23 pm
Adam White and Daniel Hemel are inclined to think the White House has the stronger hand. [read post]
18 Oct 2018, 4:12 am
Focusing on the nearer future, Daniel Hemel points out at Take Care that “Roberts Court doctrines regarding the Commerce Clause, compelled speech, commercial speech, RFRA, federalism, and agency deference don’t always tilt toward the right. [read post]
8 Jan 2021, 7:25 am
Daniel Hemel: Apropos of nothing in particular: A paper on what exactly a Senate majority can & can’t do tax-wise w/50 but not 60 votes . . . . cc @EllenAprill [New paper w/@EllenAprill: How the Byrd rule has evolved from an obscure Senate procedural provision into a central feature of the federal tax legislative process — & how it has shaped the substance & form of federal tax law. [read post]
21 Feb 2019, 4:20 am
Daniel Hemel analyzes the opinion for this blog. [read post]
16 Feb 2016, 10:27 am
” At Slate, Robert Smith characterizes Scalia as “often a friend of criminal defendants,” while at Medium, Daniel Hemel analyzes recent claims about Scalia’s more “liberal” areas of jurisprudence and argues that by “exaggerating the extent to which his method mattered, we fail to appreciate the extent to which Scalia himself mattered. [read post]
9 Mar 2018, 12:54 pm
To give one example, in their recent article, Bayh-Dole Without Borders, Lisa Larrimore Ouellette and Daniel Hemel observe that an under-appreciated feature of making federal funding for research work as an economic policy is ensuring that U.S. companies are able to protect the results of that federally-funded research abroad. [read post]
28 Feb 2018, 7:17 am
Daniel Hemel had a great post introducing this issue last month, but I think that it is worth adding another dimension to the analysis. [read post]
2 Aug 2018, 9:01 pm
That is most definitely not what is happening here.Two tax law professors, Daniel Hemel and David Kamin, wrote a fantastic paper earlier this year in response to early rumblings that Treasury might try to index Section 1012 unilaterally. [read post]
23 Apr 2018, 4:26 am
In an op-ed for The Washington Post, Daniel Hemel weighs in on the case, hoping that “by the end of Tuesday’s oral argument, it was clear to the justices that they can’t rely on Congress or on Amazon to solve the problem,” and that “[p]assing the buck here will cause states and localities to lose billions of dollars more in sales tax revenue. [read post]
17 Apr 2018, 4:19 am
” Daniel Hemel has this blog’s analysis of yesterday’s argument in Wisconsin Central Ltd.v. [read post]
18 May 2018, 9:24 am
Professor Daniel Hemel of the University of Chicago Law School, who has defended the viability of New York’s other SALT cap workarounds (conclusions with which this author disagrees), has questioned whether the entity-level tax approach would succeed. [read post]
11 Dec 2017, 1:02 pm
(Daniel Hemel wrote a nice piece about this aspect of the case here.) [read post]
