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Antitrust Chronicle - New Madison Revisited

Antitrust Chronicle – New Madison Revisited

Dear Readers, James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause...
The New Madison Approach to Antitrust and Patent Licensing: A Property Rights and Innovation Perspective

The New Madison Approach to Antitrust and Patent Licensing: A Property...

In 2018, Assistant Attorney General for Antitrust Makan Delrahim proposed a legal framework that rejects antitrust as a tool to resolve patent licensing disputes...
Why the New Administration Should Bury the New Madison Approach

Why the New Administration Should Bury the New Madison Approach

The “New Madison” approach sounds so promising. Old but new. Updating the classics for the modern era. What could be bad? In a word:...
The Old Brandeis and the New Madison in Historical Perspective

The Old Brandeis and the New Madison in Historical Perspective

The modern progressive view of antitrust, which has its origins in Louis Brandeis’s famous attack on “The Curse of Bigness,” regards large firm size...
The New Madison Approach: Keeping Antitrust in Its Lane

The New Madison Approach: Keeping Antitrust in Its Lane

In 2018 Assistant Attorney General Makan Delrahim proclaimed the New Madison Approach (“NMA”) to the interface between antitrust and intellectual property. He specifically addressed...
Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach

Putting Together a Competitive Puzzle: How to Understand and Assemble the...

The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison Jorge L. Contreras

“Not” Madison

This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
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