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Articles 2131 - 2160 of 8275
Full-Text Articles in Entire DC Network
Will Patenting Make As Much Sense In The New Regime Of Weakened Patent Rights And Shorter Product Life Cycles?, David Hricik
Will Patenting Make As Much Sense In The New Regime Of Weakened Patent Rights And Shorter Product Life Cycles?, David Hricik
Articles
After its founding in 1982, the US Court of Appeals for the Federal Circuit strengthened patent protection. During that time, businesses—which acquire 90 percent of all patents—increasingly applied for and enforced patents. Clearly, the benefit of having a patent outweighed the cost of doing so.
This Article shows that a central benefit of applying for a patent is that it permits its owner to exclude others from making the patented invention. A patent owner can use the coercive power of a patent to exclude others from making the invention, or to permit others to make the patented invention, but only …
Democratic Surveillance, Mary Anne Franks
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Articles
When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.
Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin
Articles
No abstract provided.
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Articles
In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …
The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty
The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty
Articles
No abstract provided.
Doing Gloss, Curtis A. Bradley
Doing Gloss, Curtis A. Bradley
Articles
It is common for courts, the political branches, and academic commentators to look to historical governmental practices when interpreting the separation of powers. There has been relatively little attention, however, to the proper methodology for invoking such “historical gloss.” This Essay contends that, in order to gain traction on the methodological questions, we need to begin by considering the potential justifications for crediting gloss. For judicial application of gloss, which is this Essay’s principal focus, there are at least four such justifications: deference to the constitutional views of nonjudicial actors; limits on judicial capacity; Burkean consequentialism; and reliance interests. As …
Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat
Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat
Articles
No abstract provided.
Black Hole Apparitions, Lisa Bernstein
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Articles
No abstract provided.
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Articles
No abstract provided.
Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell
Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell
Articles
No abstract provided.
Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein
Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein
Articles
No abstract provided.
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
Articles
No abstract provided.
The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein
The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein
Articles
No abstract provided.
Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi
Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi
Articles
No abstract provided.
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Articles
In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …
The Shadow Of Executive Privilege, Heidi Kitrosser
Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser
Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser
Articles
No abstract provided.
Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld
Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld
Articles
No abstract provided.
Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross
Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross
Articles
No abstract provided.
The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis
The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis
Articles
No abstract provided.
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell
Articles
No abstract provided.
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill
Articles
No abstract provided.
Towards A Coherent And Workable Antitrust Policy On Vertical Restraints, Daniel Gifford, Robert T. Kudrle
Towards A Coherent And Workable Antitrust Policy On Vertical Restraints, Daniel Gifford, Robert T. Kudrle
Articles
No abstract provided.
The Clear-Statement Chevron Canon, Nicholas Bednar
The Clear-Statement Chevron Canon, Nicholas Bednar
Articles
As Chevron has fallen into disfavor with some, judges and scholars have begun searching for alternative formulations of administrative law’s favorite deference doctrine. Some judges have embraced Matthew Stephenson and Adrian Vermeule’s One-Step Chevron. But One-Step Chevron’s theoretical foundations lacks practical application.
This Article argues that judges can make One-Step Chevron workable by reframing it as a clear-statement rule: “Unless refuted by the clear language of the statute, a court must defer to an agency interpretation.” Scholars have long labelled Chevron as a “canon,” but have never framed Chevron as a substantive canon. Chevron works as a substantive canon without …
Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo
Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo
Articles
Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Articles
This article focuses on the application of the Rules of Professional Conduct to licensed attorneys who serve in non-lawyer jobs in government. There is a fair amount of literature about members of the bar who serve as staff counsel in legislatures or executive agencies. There is also literature on Rule 5.7 of the ABA Model Rules of Professional Conduct (“Responsibilities Regarding Law-related Services”) in the context of practicing lawyers who participate in ancillary “non-lawyering” business activities. Model Rule 5.7 deals with “services that might reasonably be performed” or “are related to the provision of legal services” but which are permitted …
Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack
Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack
Articles
Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …
Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen
Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen
Articles
While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.
Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …