The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation [Paperback]

Dale B. Halling (Author)

Book Description

Publication Date: December 11, 2009

This book shows how this decade has not been as innovative as the 90s. Innovation is the only method of obtaining real per capita growth. Since 2000 we have passed a number of laws and regulations that are killing innovation in the US. The incredible innovation of the 90s was based on technology start-up companies built on intellectual capital, financial capital, and human capital. All three of the pillars have been under attack since 2000. Our patent laws have been weakened reducing the value of intellectual capital. Sarbanes Oxley has made it impossible to go public reducing financial capital for start-ups and the FASB rules on stock options have made it harder to attract human capital to start-ups.

Product Details

• Paperback: 144 pages
• Publisher: BookSurge Publishing (December 11, 2009)
• Language: English
• ISBN-10: 1439261369
• ISBN-13: 978-1439261361
• Product Dimensions: 0.3 x 8.9 x 5.9 inches
• Shipping Weight: 9.6 ounces (View shipping rates and policies)
• Average Customer Review: 4.6 out of 5 stars  See all reviews (11 customer reviews)
• Amazon Best Sellers Rank: #2,462,284 in Books (See Top 100 in Books)

Editorial Reviews

About the Author

Mr. Halling has a BS in Electrical Engineering from Kansas State University (1982), a MS in Physics from the University of Texas at Dallas (1984) and a JD from Saint Louis University (1992). He is a patent attorney in Colorado Springs and with his own law firm, which is located in the Colorado Springs Technology Incubator. Since starting his own firm in 1995, he has worked closely with many start-up companies particularly high technology start-up companies. He is also the founder of a couple of start-up companies.

Product Details

• Paperback: 144 pages
• Publisher: BookSurge Publishing (December 11, 2009)
• Language: English
• ISBN-10: 1439261369
• ISBN-13: 978-1439261361
• Product Dimensions: 0.3 x 8.9 x 5.9 inches
• Shipping Weight: 9.6 ounces (View shipping rates and policies)
• Average Customer Review: 4.6 out of 5 stars  See all reviews (11 customer reviews)
• Amazon Best Sellers Rank: #2,462,284 in Books (See Top 100 in Books)

More About the Author

Dale Halling

Education: Kansas State University (BSEE, 1982); University of Texas at Dallas (MS Physics, 1984); St. Louis University (J.D. cum laude, 1992). Mr. Halling was admitted to bar: Missouri, 1993; Illinois, 1993; Colorado, 1995; registered to practice before U.S. Patent and Trademark Office.

Law: Mr. Halling is a patent attorney specializing in high technology companies, from start-ups to Fortune 500 companies. Mr. Halling's practice is located in the Colorado Springs Technology Incubator. In the mid 1990's Mr. Halling worked in-house for Motorola, preparing and prosecuting patent applications throughout the world in the fields of cellular communications, communication systems, cable telephony, error correction coding, manufacturing systems and printed circuit board technology. Since leaving Motorola, he has prepared and prosecuted patents for Ameritech, SBC, Motorola, McDonnell Douglas, MCI, Cypress and several local high technology start-ups. These patent applications have covered: semiconductor circuits; internet applications; software, telecommunication systems: including ATM, Frame Relay, SS7 applications; fiber optic systems; computer memory systems; cable telephony systems; voice recognition systems; encryption; XML; database applications and others.

Other Work: Mr. Halling spent several years as a systems engineer performing research and development in free space laser communication systems at McDonnell Douglas. He has worked with numerous start-ups and is a founder and owner in a fishing products company that has products in Cabela's, Sportsman's Warehouse, Gander Mountain, and numerous regional retail outlets. Mr. Halling is a member of the Board of Falcon Works a non-profit organization that helps cadets at the U.S. Air Force Academy design and develop technology-based solutions for disabled individuals and our community. Falcon Works focus our efforts on projects that require significant creativity, innovation, and design work and help improve the lives of many people in our community.

Most Helpful Customer Reviews

3 of 3 people found the following review helpful

5.0 out of 5 stars Understanding How to Get the U.S. Economy Moving Again January 14, 2010

By Pat Choate

Format:Paperback|Amazon Verified Purchase

I do not review books on the Net unless I find them well-written and especially informative, which certainly applies to Dale B. Halling's The Decline and Fall of the American Entrepreneur.

Nonetheless, I do have a criticism directed towards the publisher. My copy did not contain a vita of the author, which in this case is a major omission. Mr. Halling is a physicist, lawyer and an expert on patents and entrepreneurship, all of which comes through in his book. This author delivers the goods. A vita in subsequent printings would be useful.

Mr. Halling combines two topics -- the impediments to entrepreneurship that have been created by the U.S. government as an unintended consequence of its pursuit of other goals and the systemic weakening of the U.S. patent system by the U.S. Supreme Court and the Congress.

The resulting technological stagnation is a major reason the U.S. has gone from producing 25 percent of the World's Gross Product in the mid 1990s to about 20 percent today. The loss is significant - about $3 trillion of U.S. GDP in 2009 alone.

He demonstrates in clear terms the linkages between economic growth, productivity, and income. And he lays out how technological advancement has always been the American advantage in global competition, an advantage that the U.S. is squandering.

He explains how the Sarbanes Oxley Act cut off the waves of venture investment that did so much to stimulate U.S. growth in the 1980s and 1990s, and he also explains how shifts in accounting rules as per stock options directed many of our most creative people into less than innovative activities....

His final chapter contains some straight forward recommendations that involve no direct-cost regulatory changes that would once again stimulate more innovation, investment and job creation in America. Amazingly, Congress is now considering a so-called "patent reform" legislation that would further diminish U.S. innovation. The author convincingly explains how this would damage U.S. innovation. He also explains the consequences of recent Supreme Court decisions on patent law. My observation is that the Roberts Court is the most anti-patent set of Justices in U.S. history. Once Congress understands what the Court has done, their decisions need to legislatively overturned.

In sum, this is well-written, jargon-free, 137-page book that is a quick read. It evidences smart and practical thinking by an author with real world experience. I highly recommend it. Read more ›

2 of 2 people found the following review helpful

5.0 out of 5 stars Where have all the inventions gone? January 8, 2010

By Sam King

Format:Paperback

I read this book because the title made me curious. It seemed to me that American inventions and innovations of the past decade have mostly been variations on things that have already been invented. I had just chalked it up to a general dumbing down. But Mr. Halling points out some very specific reasons why start-up companies are just not starting up. Labyrinthine auditing laws like Sarbanes-Oxley are too financially punitive for new companies. "The Decline and Fall of the American Entrepreneur" illustrates how such laws are not only ineffective in reducing corporate corruption (their intent), but are hamstringing entrepreneurship. Mr. Halling offers creative and concise solutions to this dilemma. I highly recommend this book.

4 of 5 people found the following review helpful

5.0 out of 5 stars Strong Advocate for the Patent System December 30, 2009

By Peter J. Meza

Format:Paperback

This book conclusively establishes the link between the patent system and per capita income, and shows that we have recently entered into a time in which the patent system and innovation itself is under assault. This assault has resulted in a predictable loss of income and contributed significantly to the economic woes we are experiencing right now. The book's sound policy recommendations suggest a way to turn the economic ship around to set a course for a return to prosperity.

This book stands up for the patent system set up by Thomas Jefferson and the founders in a time when law makers, academics, pundits, and even the PTO are trying their best to undermine it.

Peter Meza
Patent Attorney - Counsel Hogan & Hartson
Attorney for Alappat - In re Alappat

5.0 out of 5 stars Excellent and thought-provoking July 10, 2011

By Thomas H. Burroughes

Format:Paperback|Amazon Verified Purchase

This is an excellent book and although there are a few flaws - such as the odd spelling error - I highly recommend it. I have been reading Mr Halling's blog on patent issues for some time, since I am wrestling in my own mind with my views on intellectual property rights as an issue. I am a classical liberal free marketeer, libertarian, and sympathiser with the broad philosophy of Ayn Rand, who wrote in clear defence of patents. I am familiar with some of the sharp criticisms that have been made of patents by the likes of Stephan Kinsella of the Mises Institute, Tom G Palmer, and Timothy Sandefur. (Ironically, Sandefur and Kinsella have clashed on other issues). So the arguments against IP seemed very strong. But I had a nagging worry about how, exactly, would a world without IP operate? Despite the claims from Kinsella and others that innovations would proceed happily without IP and have done so, the facts that I can see don't quite back this up. Consider, that during the 1980s and 1990s, we have seen the rise of biotechnology, the Internet, nanotechnology, and commercial space flight (developing as I write these words). I just don't see how patents and copyrights have stymied any of these industries. Of course, we'll never know for sure whether innovation would have been faster or slower in the absence of IP. However, if we look at parts of the world without secure legal systems and property rights, the evidence is that innovation tends to be less, or non-existent.

What is effective about the book is how Halling shows that the combination of developments such as attacks on IP, stock options and IPOs (Sarbanes Oxley) have been so ruinous. And there are powerful lessons here not just for the United States, but for Europeans also. (I am British)....

I am not 100 per cent sure about where I stand on IP - this is very difficult subject - but Halling's deep experience suggests that supporters of free markets should be very careful before they associate with attacks on IP, or unless they can provide a coherent alternative. This is a debate that will roll on for some time. Read more ›