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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 ...
Justice Scalia and Class Actions: A Loving Critique
(Notre Dame Law Review, 2017)
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 ...
Intersectional Complications of Healthism
(Marquette Benefits & Social Welfare Review, 2017)
For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably ...
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges
(Vanderbilt Law Review, 2017)
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance
(Ecology and Society, 2017)
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
Contorting Common Article 3
(Georgia Journal of International & Comparative Law, 2017)
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common
Article ...