Search
Now showing items 1251-1260 of 1353
Originality's Other Path
(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 ...
Supreme Court Reform and American Democracy
(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 ...
The Carbon-Neutral Individual
(New York University Law Review, 2007)
Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated sixty to eighty percent over the long term. To achieve these ...
The Future of the Federal Common Law of Foreign Relations
(Georgetown Law Journal, 2018)
The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges ...
The (Limited) Constitutional Right to Compete in an Occupation
(William & Mary Law Review, 2019)
Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
Objector Blackmail Update: What Have the 2018 Amendments Done?
(Fordham Law Review, 2020)
In Part I of this Essay, I describe the problem of objector blackmail, why prohibiting side payments to objectors would be the best way to screen blackmail-minded objections from other objections, and why I did not think ...
Locating the International Interest in Intranational Cultural Property Disputes
(Yale Journal of International Law, 2010)
This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...
Plain Packaging and the Interpretation of the Tripps Agreement
(Vanderbilt Journal of Transnational Law, 2013)
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose ...
Taking Antitrust Away from the Courts
(Great Democracy Initiative, 2018)
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
Pawnshops, Behavioral Economics, and Self-Regulation
(Review of Banking & Financial Law, 2012)
Pawnbroking is the oldest source of credit. There is growing public interest in day-to-day pawnbroking operations, as evidenced by the popularity of reality shows such as “Pawn Stars” and “Hardcore Pawn.” Television viewers’ ...