the anti-economics trend in technology...
TRANSCRIPT
THE ANTI-ECONOMICS TREND IN TECHNOLOGY REGULATIONLESSONS FOR ECONOMISTS & LEGAL SCHOLARS
June 20, 2018 § Delta Marriott § Montréal, Canada
Sponsored by the Institute for Humane Studies at George Mason University and the International Center for Law & Economics
Welcome to the Policy Research Seminar on The Anti-Economics Trend
in Technology Regulation: Lessons for Economists and Legal Scholars,
sponsored by the Institute for Humane Studies (IHS) at George Mason University
and the International Center for Law & Economics (ICLE).
It is a pleasure to have you here with us! IHS recognizes the scholarly impact and
practical application your work has on our understanding of a free society, and
we are eager for you to join the conversation regarding technology regulation.
We anticipate many active and collaborative discussions taking place during our
time together, and we hope you will share insights and knowledge based on your
own research and experiences with us throughout the day.
IHS Policy Research Seminars seek to facilitate scholarly collaboration among
faculty, graduate students, policy experts, and our own staff in attendance. We
encourage you to connect with the other scholars attending our program, as
your similar research interests are one of the many reasons we invited you here
today. Our experience suggests some of the most impactful connections are
made during meals and receptions, so please plan to attend all scheduled events.
Thank you so much for sharing your time with us. We look forward to meeting
each of you over the course of the seminar, and we hope your attendance here
leads to future partnership with IHS and other scholars as we work toward a freer
and more prosperous world together.
Sincerely,
Jeanne Hoffman Faculty Liason Institute for Humane Studies
The International Center for Law & Economics is a nonprofit, nonpartisan research center. Working with
a roster of more than fifty academic affiliates and research centers from around the globe, we develop
and disseminate academic output to build the intellectual foundation for rigorous, economically-
grounded policy.
Our primary activity is the funding, organization, management, and networking of our resident staff
and affiliated scholars and centers. We also develop research programs, provide high-quality policy
analysis, and organize conferences, roundtables, and symposia.
As an independent, privately funded research organization, ICLE does not accept government grants,
is not attached to a university, and does not do “contract” research. Our resident scholars and affiliates
address the issues they believe to be most pressing in the context of our shared mission. We are
supported in our efforts by affiliated institutions, industry partners, and individuals who believe in our
mission and in our ability to fulfill it.
Founded in 1961 by Dr. F.A. “Baldy” Harper, the Institute for Humane Studies is the leading institute
in higher education dedicated to championing classical liberal ideas and the scholars who advance
them. Specifically, we facilitate the impact of the academic community both on and beyond college
campuses—partnering with faculty to connect with students through campus programs, connecting
scholars to opportunities to further their careers both inside and outside of the academy, and offering
current and aspiring professors access to the foremost community of scholars working within the
classical liberal tradition.
IHS Policy Research SeminarsIHS Policy Research Seminars seek to bridge the gap between academia and policy by
encouraging the use of academic research to influence policy change. Seminars give an
audience of advanced graduate students, policy experts, and faculty the chance to connect with
like-minded individuals and help to facilitate connections with our partner organizations with
the goal of producing future research, speaking, and publishing opportunities.
PROGRAM SCHEDULE
2:30–3:00 pm | Registration Concerto Foyer
3:00–3:15 pm | Welcome and Seminar Introduction Concerto Jeanne Hoffman, Institute for Humane Studies Geoffrey Manne, International Center for Law & Economics
3:15–4:00 pm | Keynote Address Concerto Howard Shelanski, Georgetown University
4:00–4:15 pm | Coffee Break Concerto Foyer
4:15–5:30 pm | Panel I: The Campaign against Economics in Antitrust, Telecom, Concerto and Beyond Moderator: Geoffrey Manne, International Center for Law & Economics Tim Brennan, University of Maryland - Baltimore County Tom Hazlett, Clemson University Michelle Connolly, Duke University 5:30–5:45 pm | Coffee Break Concerto Foyer
5:45–7:00 pm | Panel II: The Judiciary’s Role in Suborning the Campaign Concerto against Economics Moderator: Gus Hurwitz, University of Nebraska - Lincoln Chris Walker, Ohio State University Neil Chilson, Charles Koch Institute
Susan Dudley, George Washington University
7:00–7:45 pm | Dinner Opus 2
7:45–8:00 pm | Opportunities at the Institute for Humane Studies Opus 2 Jeanne Hoffman, Institute for Humane Studies
8:00–10:00 pm | Reception Opus 2
Wednesday, June 20
SPEAKER BIOS
TIMOTHY BRENNANPROFESSOR OF PUBLIC POLICY AND ECONOMICS BRENNAN @UMBC.EDU
Tim Brennan is a professor of public policy and economics at the University of Maryland
Baltimore County and a senior fellow at Resources for the Future (RFF). He began his
career as a staff economist at the Antitrust Division of the U.S. Department of Justice,
where his work included the monopolization cases against AT&T and Microsoft. He has been the senior staff
economist for industrial organization and regulation for the White House Council of Economic Advisers and a
staff consultant at the Bureau of Economics at the U.S. Federal Trade Commission. In 2014, Tim served as Chief
Economist at the U.S. Federal Communications Commission.
Tim also has Canadian connections. In 2006, he held the T.D. MacDonald Chair in Industrial Economics at the
Canadian Competition Bureau. He currently is an International Fellow of the C.D. Howe Institute in Toronto
and a member of its Competition Policy Council. Tim has published over 130 articles and book chapters on
competition policy, regulatory economics, telecommunications, and energy. He has co-authored two books
on electricity policy with colleagues at RFF and has co-edited five books on postal sector economics. He holds
a MA in mathematics and PhD in economics from the University of Wisconsin.
NEIL CHILSONSENIOR RESEARCH FELLOW FOR TECHNOLOGY AND INNOVATION [email protected]
Neil Chilson is the Senior Research Fellow for Technology and Innovation at the Charles
Koch Institute. His research guides the Institute’s ongoing efforts to promote digital free
speech and free association and to understand the legal and cultural frameworks that best enable people to
discover, innovate, and improve all our lives.
Before joining CKI, Neil was the Chief Technologist at the Federal Trade Commission. His work focused on
understanding the economics of privacy, convening a workshop on informational injury, and establishing the
FTC’s Blockchain Working Group, among other things. Prior to his appointment, he was an advisor to Acting FTC
Chairman Maureen K. Ohlhausen. In both roles he advised Chairman Ohlhausen and worked with Commission
staff on nearly every major technology-related case, report, workshop, or other proceeding since January 2014,
when he joined her office. Neil joined the FTC from Wilkinson Barker Knauer, LLP, where he advised clients on
telecommunications, privacy, cybersecurity, and other matters.
Neil has a J.D. from The George Washington Law School, a M.S. in computer science from University of Illinois,
Urbana-Champaign, and a B.S. in computer science from Harding University.
MICHELLE CONNOLLYASSOCIATE PROFESSOR OF THE [email protected]
Michelle P. Connolly is a Professor of the Practice in the Economics Department at Duke
University. Professor Connolly’s research and teaching focus on international trade,
telecommunications policy, media policy, education, growth, and development. Professor Connolly previously
served as Chief Economist of the Federal Communications Commission in 2006-2007 and 2008-2009, and
as an Economist in International Research for the Federal Reserve Bank of New York from 1996 to 1997. She
graduated Phi Beta Kappa and Summa Cum Laude from Yale University in 1990, and went on to earn her MA
and MPhil in economics. Professor Connolly received her PhD in economics from Yale University in 1996.
Professor Connolly has testified before Congress and participated in White House Panels and Roundtables on
Spectrum Issues and Trade Policy. In 2011, Professor Connolly received the Howard D. Johnson Trinity College
Teaching Prize. In 2013, Professor Connolly was awarded a National Science Foundation Secure and Trustworthy
Cyberspace Grant. She currently teaches Macroeconomics and Honors Research, and runs a Spectrum Policy Lab.
SUSAN DUDLEYDIRECTOR, REGULATORY STUDIES CENTER [email protected]
Susan Dudley is Director of the George Washington University Regulatory Studies
Center, which she established in 2009 to raise awareness of regulations’ effects and
improve regulatory policy through research, education, and outreach. She is also a distinguished professor
of practice in the Trachtenberg School of Public Policy and Public Administration. She is past president of the
Society for Benefit Cost Analysis, a senior fellow with the Administrative Conference of the United States, a
National Academy of Public Administration fellow, on the board of the National Federation of Independent
Businesses Legal Center and Economists Incorporated, and on the executive committee of the Federalist
Society Administrative Law Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator
of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was
responsible for the review of draft executive branch regulations under Executive Order 12866, the collection
of federal-government-wide information under the Paperwork Reduction Act, the development and
implementation of government-wide policies in the areas of information policy, privacy, and statistical policy,
and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University,
and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor
Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity
Futures Trading Commission. She was also a consultant to government and private clients at Economists
Incorporated. She holds a MS from the Sloan School of Management at MIT and a BS (summa cum laude) in
Resource Economics from the University of Massachusetts, Amherst.
TOM HAZLETTH.H. MACAULAY ENDOWED PROFESSOR OF [email protected]
Thomas W. Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson
University, where he also directs the Information Economy Project. He has previously held
faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and
served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics
and information markets, his research has appeared in academic forums such as the Journal of Law & Economics,
RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the
Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist,
Slate, the N.Y. Times, N.Y. Daily News, Reason, Reuters.com, Business Week, The New Republic and the Financial
Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from
Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
GUS HURWITZASSISTANT PROFESSOR OF LAW, CO-DIRECTOR OF SPACE, CYBER, & TELECOM LAW [email protected]
Professor Hurwitz’s work builds on his background in law, technology, and economics to
consider the interface between law and technology and the role of regulation in high-
tech industries. He has a particular expertise in telecommunications law and technology, including data and
cybersecurity, and was recognized as a Cyber Security & Data Privacy Trailblazer by the National Law Journal. His
work has appeared in the Harvard Journal of Law and Technology, Michigan Telecommunications and Technology
Law Review, as well as the George Mason University, University of Connecticut, University of Iowa, Michigan
State University, University of Pennsylvania, University of Pittsburgh, and other law reviews and journals.
He is the Co-Director of the Space, Cyber, and Telecommunications Law Program, focusing on the Cyber and
Telecommunications components of the program. Since joining the College of Law Faculty, his work has been
cited by federal agencies, in judicial opinions, and by United States Senators. He has testified before Congress,
participated in roundtable discussions hosted by the FCC, presented to members of US STRATCOM and the US
Army’s 7th Signal Command, and to German and Colombian regulators.
Professor Hurwitz previously was the inaugural Research Fellow at the University of Pennsylvania Law
School’s Center for Technology, Innovation and Competition (CTIC), prior to which he was a Visiting Assistant
Professor at George Mason University Law School. From 2007–2010 he was a Trial Attorney with the United
States Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
Professor Hurwitz has a background in technology having worked at Los Alamos National Lab and interned at
the Naval Research Lab prior to law school. During this time his work was recognized by organizations such as
the Federal Laboratory Consortium, R&D Magazine, Los Alamos National Lab, IEEE & ACM, and the Corporation
for Education Network Initiatives in California. In addition, he held an Internet2 Land Speed World Record with
the Guinness Book of World Records.
GEOFFREY MANNEEXECUTIVE [email protected]
Geoffrey A. Manne is the founder and executive director of the International Center for Law
and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon.
He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic
Growth. In April 2017 he was appointed by FCC Chairman, Ajit Pai, to the FCC’s Broadband Deployment Advisory
Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic
analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property,
and technology policy. Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From
2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach
program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University
of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for
Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard
Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and
Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona
Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume
from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty:
Regulating Innovation. Manne regularly files written comments and amicus briefs on key antitrust, IP, and
telecommunications issues. His analysis is frequently published in popular print and broad-casting outlets
such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics
Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market
(www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at Wired, and tweets at @
geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
CHRISTOPHER WALKERASSOCIATE PROFESSOR OF [email protected]
Christopher J. Walker is an Associate Professor of Law (with tenure) at The Ohio State University
Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. At
Moritz, he teaches Civil Procedure, Constitutional Litigation, the Ethics of Washington Lawyering, Federal Courts,
Legal Analysis and Writing (LAW II), Legislation and Regulation, and State and Local Government Law.
Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the
agency level. His publications have appeared in the Michigan Law Review, Stanford Law Review, and University
of Pennsylvania Law Review, among others. He has also written a report for the Administrative Conference
of the United States on the role of federal agencies in the legislative process, and he co-authors the agency
adjudication chapter of the American Bar Association’s annual book Developments in Administrative Law and
Regulatory Practice. His article Legislating in the Shadows was selected as the recipient of the 2016 American
Association of Law Schools Scholarly Papers Competition Award.
Professor Walker brings to his scholarship and to the classroom extensive practical experience of having
worked in all three branches of the federal government as well as in private practice. Prior to joining the law
faculty in 2012, Professor Walker clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge
Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He also worked for several years at a litigation
boutique in Washington, D.C., as well as on the Civil Appellate Staff at the U.S. Department of Justice, where he
represented federal agencies and defended federal regulations in a variety of contexts. During Winter Semester
2017, he served as an academic fellow on the Senate Judiciary Committee, working on the Gorsuch Supreme
Court confirmation as well as on regulatory reform legislation for Senator Orrin Hatch. During the summer of
2017, Professor Walker served on Senators Portman and Brown’s bipartisan judicial advisory commission to
help fill the three federal district court vacancies in Ohio.
Outside Moritz, Professor Walker serves as one of forty Public Members of the Administrative Conference of
the United States, as a Governing Council Member and Adjudication Committee Co-Chair of the American Bar
Association’s Section of Administrative Law and Regulatory Practice, and as a member of the Ohio State Bar
Association’s Administrative Agency Law Specialty Board. He is also a regular blogger at the Yale Journal on
Regulation and the Section Editor for Jotwell’s Administrative Law Section.
Professor Walker received his law degree from Stanford and a master’s in public policy from Harvard’s Kennedy
School of Government. At Stanford, he served as managing editor of the Stanford Law Review and editor-in-
chief of the Stanford Law and Policy Review.
HOWARD SHELANSKIPROFESSOR OF [email protected]
Howard Shelanski received his JD from the University of California at Berkeley in 1992 and
his PhD in economics from Berkeley in 1993. After graduating from law school he clerked
for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit, Judge Louis H. Pollak of the U.S.
District Court in Philadelphia, and Justice Antonin Scalia of the United States Supreme Court. Professor Shelanski
practiced law with the Washington, D.C. firm of Kellogg Huber Hansen Todd & Evans before joining the Berkeley
faculty in 1997, where he remained until coming to Georgetown in 2011.
Professor Shelanski has taken leave from teaching to work in government on several occasions. Since July 2012,
he has been on leave from Georgetown to serve as Director of the Bureau of Economics at the Federal Trade
Commission, where he previously served as Deputy Director from 2009-2011. From 1999-2000 he was Chief
Economist of the Federal Communications Commission and from 1998-1999 he served as a Senior Economist
for the President’s Council of Economic Advisers at the White House. Professor Shelanski’s teaching and research
focus on antitrust, regulation, and telecommunications policy. In 2004, he received Berkeley Law’s Rutter Award
for Teaching Distinction.
STAFF BIOS
JUSTIN DAVIS PROGRAM MANAGER, ACADEMIC TALENT [email protected]
Justin Davis serves as the academic talent development program manager at IHS, where
he hopes to facilitate the advancement of classical liberal ideas by connecting the worlds
of academia and policy. He completed his MA in economics at George Mason University in 2016 and previously
attained his BS in business administration from The Citadel in Charleston, South Carolina. His research interests
include monetary institutions, entrepreneurship, and institutional development.
Justin also served in the United States Army’s Corps of Engineers for three years as the squad leader of a bridge
erection team. His army tenure stationed him in Fort Knox, Kentucky and included a deployment to Afghanistan
with the 502nd Engineer Company, where he was a part of the first multi-role bridge company in the country.
Justin currently lives in Capitol Hill with his wife Sarah, an interior and graphic designer, and their dog Max.
JEANNE HOFFMAN FACULTY [email protected]
Jeanne Hoffman is the faculty liaison at the Institute for Humane Studies. She has a
law degree from Ave Maria School of Law and received her BA in political science from
Villanova University. She is a New York native, but has lived in Pennsylvania, Michigan, Russia, and now, Virginia.
She has worked in intellectual property and technology, and has argued asylum cases before the Detroit
Immigration Court. In addition to the “law bar,” Jeanne has worked at a jazz-martini bar and considers it the most
musically rewarding time of her life. She loves baking cookies, reading, liberty, and Thomas Jefferson.
AMANDA RUETZSENIOR PROJECT MANAGER, PROGRAM [email protected]
Amanda joined IHS in 2011. As an intern, she fell in love with the liberty movement and
decided working towards a freer society was the career path for her! Before joining the
Program Operations team, Amanda was on the Finance team at IHS and our sister organization, the Mercatus
Center, for seven years. Her second (and perhaps most important) job is leading the joint IHS/Mercatus softball
team as captain each Summer!
Amanda is a native of Michigan and graduated from Hillsdale College where she studied history, business, and
music. In her spare time, Amanda enjoys playing softball and volleyball, traveling, discovering new wineries
and breweries, and spending time with friends.
Delta Marriott, 475 Président-Kennedy Avenue Montréal, QC H3A 1J7, Canada
HOTEL FLOOR PLAN
Upcoming Faculty Programs
Embracing a Free Market Energy FuturePolicy Research Seminar
June 25, 2018Vancouver, Canada
Reforming our InstitutionsPolicy Research Seminar
July 20-21, 2018Chicago, IL
Please visit TheIHS.org/prs for more information on future IHS Policy Research Seminars.
If you are interested in becoming a partner organization, or would like to
make a general inquiry about the Institute for Humane Studies’ Policy Research
Seminars, please contact Justin Davis at [email protected].