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, M.D., J.D., is a Policy Advisor to the Heartland Institute and serves as an expert with the Federalist Society’s Regulatory Transparency Project. He is a Faculty Fellow at the Center for Law, Science & Innovation at the Sandra Day O’Connor College of Law at Arizona State University.
Makan Delrahim, the Assistant Attorney General for the Department of Justice’s (DOJ’s) Antitrust Division, has received much-deserved acclaim from fellow intellectual property hawks for his commitment to re-framing the Antitrust Division’s relationship with intellectual property law through a “New Madison” lens. Madison, the founder of the Constitution’s Patent and Copyright Clause, understood the nuanced relationship between the two. Over the last few years, Delrahim has gone to great lengths to restore his vision. It would be a shame if one significant oversight over music industry policy in the coming weeks incites a blemish on his otherwise impeccable three-year track record.