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Now showing items 31-40 of 65
They, Them, and Theirs
(Harvard Law Review, 2019)
Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender ...
Exploring the Interfaces Between Big Data and Intellectual Property Law
(Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
Energy Exactions
(Cornell Law Review, 2019)
Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth ...
Why Are Seemingly Satisfied Female Lawyers Running for the Exits?
(Marquette Law Review, 2019)
Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative ...
Countering Nationalist Oligarchy
(Democracy: A Journal of Ideas, 2019)
The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...
Patenting the Unexplained
(Washington University Law Review, 2019)
It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
Pregnant People?
(Columbia Law Review, 2019)
In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...
Divergence in Land Use Regulations and Property Rights
(Southern California Law Review, 2019)
For the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country ...
Efficient Deterrence of Workplace Sexual Harassment
(University of Chicago Legal Forum, 2019)
Although sexual harassment imposes costs on both victims and organizations, it is also costly for organizations to reduce sexual harassment. Legislation, education, training, and litigation have all been unsuccessful in ...
Antitrust Scrutiny for the Occupations: North Carolina Dental and Its Impact on U.S. Licensing Boards
(Pazmany Law Review, 2019)
The American system of occupational licensing is under attack. The current regime – which allows for almost total self-regulation – has weathered sustained criticism from consumer advocate groups, academics, politicians, ...