External Policy Studies

Publications

Another Bad Idea: Fannie and Freddie as Utilities
Alex J. Pollock

In the more than twelve years since their 2008 failure, nobody has been able to figure out how to end Fannie Mae and Freddie Mac being wards of the state, as their continued existence is wholly…

, Lawfare
Enterprise Cybersecurity Measurement
Paul Rosenzweig

On Feb. 4, 2021, the New York State Department of Financial Services issued guidance on the cyber insurance market to foster more robust industry approaches to “managing and reducing the…

, SSRN
Gene Patents, Drug Prices, and Scientific Research: Unexpected Effects of Recently Proposed Patent Eligibility Legislation
Charles Duan

From SSRN:

Abstract
Recently, Congress has considered legislation to § 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural…

, Lawfare
The Law and Policy of Client-Side Scanning
Paul Rosenzweig

In recent years, two unfortunate trends have converged in cybersecurity—the growth of child pornography distributed online and the proliferation of encryption systems that enable the distribution…

Of Monopolies and Monocultures: The Intersection of Patents and National Security
Charles Duan

INTRODUCTION

It was certainly an odd thing for the Department of Justice attorney arguing for the United States to appear before the Ninth Circuit to tell the appellate judges that a federal…

, Fed Soc
The Evolution of Modern Use-of-Force Policies and the Need for Professionalism in Policing
Arthur Rizer & Emily Mooney

The American people delegate to the police the authority to enforce criminal laws and promote public safety. As part of that delegation, we give officers the power to use force and even…

, The Square One Project
The “Radical” Notion of the Presumption of Innocence
Arthur Rizer

Overview

The presumption of innocence has been a bulwark of the American justice system since the nation’s founding. Yet, the current scope and scale of pretrial detention prevents…

, Written Description
Who’s Afraid of Section 1498?: Government Patent Use as Versatile Policy Tool
Charles Duan

From vaccines to ventilators to diagnostic tests, technology has dominated response strategies to the ongoing COVID-19 pandemic. Where technology leads, patent law and policy follow. Recently, some…

, National Affairs
Changing Police Norms
Daniel Semelsberger & Arthur Rizer

*This article was peer reviewed by professionals who are subject matter experts in the field of police diversion. Reviewers include: Nixon Camilien, PhD, Jac A. Charlier, Elizabeth Sinclair, and…

The U.S. can reform housing finance without any action from Congress
Alex J. Pollock

The U.S. came out of the 2007-12 housing bust with a housing finance system even more government-centric than it was before, because the Government completely took over Fannie Mae and Freddie Mac by…