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Uninformative Patents
(Houston Law Review, 2017)
It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...
Reinvention
(Notre Dame Law Review, 2017)
It is axiomatic that once an invention has been patented, it cannot be patented again. This aligns with the quid pro quo theory of patents — the public would receive nothing new in exchange for the second patent. Enforcing ...
Shareholder Voting in Proxy Contests for Corporate Control, Uncontested Director Elections and Management Proposals
(Oklahoma Law Review, 2017)
This paper surveys the empirical literature on shareholder voting, specifically on votes related to contested and uncontested director elections and on management proposals. While much of current theory depicts shareholder ...
The Production Function of the Regulatory State
(Minnesota Law Review, 2017)
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...
Environmental Law at the Borders
(Natural Resources & Environment, 2017)
Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely ...
Justice Scalia and Class Actions: A Loving Critique
(Notre Dame Law Review, 2017)
Making Preemption Less Palatable
(George Washington Law Review, 2017)
Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
Inside the Arbitrator's Mind
(Emory Law Journal, 2017)
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This ...
Refugee Reception and Perception
(Fordham International Law Journal, 2017)
The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment ...
Approaches to Carrier Testing and Results Disclosure in Translational Genomics Research
(Molecular Genetics & Genomic Medicine, 2017)
Background: Clinical genome and exome sequencing (CGES) is primarily used to address specific clinical concerns by detecting risk of future disease, clarifying diagnosis, or directing treatment. Additionally, CGES makes ...