Digital Commons Network^™

Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves

Faculty Scholarship

Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.

We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …

Evidence Of Memory From Brain Data, Emily R. Murphy, Jesse Rissman

Faculty Scholarship

Much courtroom evidence relies on assessing witness memory. Recent advances in brain imaging analysis techniques offer new information about the nature of autobiographical memory and introduce the potential for brain-based memory detection. In particular, the use of powerful machine- learning algorithms reveals the limits of technological capacities to detect true memories and contributes to existing psychological understanding that all memory is potentially flawed. This article first provides the conceptual foundation for brain-based memory detection as evidence. It then com- prehensively reviews the state of the art in brain-based memory detection research before establishing a framework for admissibility of brain-based memory …

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

Reliance On Executive Constitutional Interpretation, Zachary S. Price

Faculty Scholarship

Federal executive officials routinely authorize government personnel to violate otherwise applicable laws based on contestable constitutional interpretations. This practice raises an important and unresolved question, one that arose in connection with the George W Bush Administration's interrogation practices and that could easily arise again: What legal effect, if any, should internal executive guidance on constitutional questions have in subsequent civil or criminal litigation against officials who relied on it? This Article systematically analyzes this question. Building on existing case law in related areas, it argues that any sound reliance defense in this area must balance three competing constitutional considerations: (1) …

The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez

Faculty Scholarship

Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …

The Legalization Of Restorative Justice: A 50-State Empirical Analysis, Thalia Gonzalez

Faculty Scholarship

his Article addresses the increasing formal legal nature of restorative justice in the United States. Over the last three decades, a substantial body of research has demonstrated the ways in which restorative justice offers an alternative societal response to crime and harm. It has also examined how restorative justice empowers individuals and groups to address violence, respond to social, political and economic injustice, and engage in resistance to existing structural inequities. Yet a prominent gap in the field exists: a comprehensive theoretical and empirical examination of the codification of restorative justice in state law. Studies of this nature are essential …

Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

An Unappreciated Constraint On The President's Pardon Power, Aaron J. Rappaport

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.