Law School: Recent submissions
Now showing items 141-160 of 1363
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(California Law Review, 2021)Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...
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(Notre Dame Law Review, 2021)Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
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(Duke Environmental Law & Policy Forum, 2020)This Essay outlines a simple heuristic that will enable public and private policymakers to focus on the most important climate change mitigation strategies. Policymakers face a dizzying array of information, pressure from ...
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(Duke Law Journal, 2021)Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene ...
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(Yale Law Journal Forum, 2021)In "How to Save the Supreme Court," we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme ...
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(Vanderbilt Law Review, 2021)The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the ...
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(Cornell Law Review, 2019)According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
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(Fordham Law Review, 2019)The rights of foreign states under the U.S. Constitution are becoming more important as the actions of foreign states and foreign state-owned enterprises expand in scope and the legislative protections to which they are ...
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(Case Western Reserve Law Review, 2020)The fact that Donald Trump became President in 2016, despite losing the popular vote by a substantial margin, has brought renewed attention to the Electoral College system. Forging the American Nation, Shlomo Slonim provides ...
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(Harvard Law Review Forum, 2021)The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federalism: it delegates ...
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(2021)This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume ...
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(Duke Law Journal, 2021)We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. "Superstar" cities like New York, ...
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(George Washington Law Review, 2021)We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
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(Clinical Law Review, 2021)This article explores the role that a generalist externship seminar can play in teaching law students about the legal profession - lawyers, the institutions in which they practice, and the markets for their services. After ...
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(University of Illinois Law Review Online, 2021)In fall 2020, as the nation elected Joe Biden to be our Forty-Sixth President, Oregon voters also passed a noteworthy new drug law reform. Known as Measure 109, Oregon's path-breaking law legalizes the use of psilocybin, ...
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(University of Cincinnati Law Review, 2021)Could the President legalize marijuana, without waiting for Congress to act? The 2020 Presidential Election showed that this question is far from hypothetical. Seeking to capitalize on frustration with the slow pace of ...
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(Texas Law Review, 2021)There are many lessons to be drawn from the sweep of history. In law, the compelling story repeatedly told is the observable co-movement of law on the one hand, and economic, social, and political changes on the other hand. ...
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(Cardozo Law Review, 2021)Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences-invisible punishments that inhibit opportunity in all facets ...
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(Wake Forest Law Review, 2021)A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would ...
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(Cato Supreme Court Review, 2021)What is the proper role of the police? That question has been at the forefront of debates about policing for quite some time, but especially in the past year. One answer, spurred by countless news stories about black people ...