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Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene
A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene
Faculty Scholarship
The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an …
Irrational Ignorance At The Patent Office, Michael D. Frakes, Melissa F. Wasserman
Irrational Ignorance At The Patent Office, Michael D. Frakes, Melissa F. Wasserman
Faculty Scholarship
There is widespread belief that the Patent Office issues too many bad patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications so they grant patents only to those inventions that deserve them. Yet the answer to the harms of invalid patents may not be that easy. It is possible that the Patent Office is, as Mark Lemley famously wrote, “rationally ignorant.” In Rational Ignorance at the Patent Office, Lemley argued that because so few patents are economically significant, it makes sense to …
Is There A First-Drafter Advantage In M&A?, Adam B. Badawi, Elisabeth De Fontenay
Is There A First-Drafter Advantage In M&A?, Adam B. Badawi, Elisabeth De Fontenay
Faculty Scholarship
No abstract provided.
The Enduring Distinction Between Business Entities And Security Interests, Ofer Eldar, Andrew Verstein
The Enduring Distinction Between Business Entities And Security Interests, Ofer Eldar, Andrew Verstein
Faculty Scholarship
What are business entities for? What are security interests for? The prevailing answer in legal scholarship is that both bodies of law exist to partition assets for the benefit of designated creditors. But if both bodies of law partition assets, then what distinguishes them? In fact, these bodies of law appear to be converging as increasing flexibility irons out any differences. Indeed, many legal products, such as securitization vehicles, insurance products known as captive insurance, and mutual funds, employ entities to create distinct asset pools. Moreover, recent legal innovations, such as “protected cells,” which were created to facilitate such products, …