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The Article Iii Problem In Bankruptcy, Anthony J. Casey, Aziz Z. Huq Jul 2015

The Article Iii Problem In Bankruptcy, Anthony J. Casey, Aziz Z. Huq

University of Chicago Law Review

No abstract provided.


Intermediary Influence, Kathryn Judge Mar 2015

Intermediary Influence, Kathryn Judge

University of Chicago Law Review

No abstract provided.


Deference Mistakes, Jonathan S. Masur, Lisa Larrimore Ouellette Mar 2015

Deference Mistakes, Jonathan S. Masur, Lisa Larrimore Ouellette

University of Chicago Law Review

No abstract provided.


The Overlooked French Influence On The Intellectual Property Clause, Sean M. O'Connor Mar 2015

The Overlooked French Influence On The Intellectual Property Clause, Sean M. O'Connor

University of Chicago Law Review

No abstract provided.


Partisan Gerrymandering And The Efficiency Gap, Nicholas O. Stephanopoulos, Eric M. Mcghee Mar 2015

Partisan Gerrymandering And The Efficiency Gap, Nicholas O. Stephanopoulos, Eric M. Mcghee

University of Chicago Law Review

No abstract provided.


What Is "False Or Misleading" Off-Label Promotion?, Kathryn Bi Mar 2015

What Is "False Or Misleading" Off-Label Promotion?, Kathryn Bi

University of Chicago Law Review

No abstract provided.


Joint Patent Misappropriation: An Appropriate Solution To Joint Patent Infringement, Erin M.B. Leach Mar 2015

Joint Patent Misappropriation: An Appropriate Solution To Joint Patent Infringement, Erin M.B. Leach

University of Chicago Law Review

No abstract provided.


Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler Jan 2015

Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler

University of Chicago Law Review

No abstract provided.


"Entick V Carrington" And "Boyd V United States": Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein Jan 2015

"Entick V Carrington" And "Boyd V United States": Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein

University of Chicago Law Review

No abstract provided.


The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci Jan 2015

The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci

University of Chicago Law Review

No abstract provided.


"Katz" Has Only One Step: The Irrelevance Of Subjective Expectations, Orin S. Kerr Jan 2015

"Katz" Has Only One Step: The Irrelevance Of Subjective Expectations, Orin S. Kerr

University of Chicago Law Review

No abstract provided.


Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares Jan 2015

Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares

University of Chicago Law Review

No abstract provided.


Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky Jan 2015

Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky

University of Chicago Law Review

No abstract provided.


Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling Jan 2015

Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling

University of Chicago Law Review

No abstract provided.


Reprotection For Formerly Generic Trademarks, Peter J. Brody Jan 2015

Reprotection For Formerly Generic Trademarks, Peter J. Brody

University of Chicago Law Review

No abstract provided.


Seeking "The Sec's Full Protection": A Critique Of The New Frontier In Municipal Securities Enforcement, Maggie Guidotti Jan 2015

Seeking "The Sec's Full Protection": A Critique Of The New Frontier In Municipal Securities Enforcement, Maggie Guidotti

University of Chicago Law Review

No abstract provided.


Citizens All Along: Derivative Citizenship, Unlawful Entry, And The Former Immigration And Nationality Act, Eamonn Hart Jan 2015

Citizens All Along: Derivative Citizenship, Unlawful Entry, And The Former Immigration And Nationality Act, Eamonn Hart

University of Chicago Law Review

No abstract provided.


Individual Or Classwide? Determining How The Mca Exemption To The Flsa's Overtime Rules Should Be Applied, Jason Mongillo Jan 2015

Individual Or Classwide? Determining How The Mca Exemption To The Flsa's Overtime Rules Should Be Applied, Jason Mongillo

University of Chicago Law Review

No abstract provided.


Opting For Flexibility: How The Existence Of A Design Patent Should Shape Evidentiary Burdens In Litigation Over Trade Dress Protection For The Same Features, Vuong Nguyen Jan 2015

Opting For Flexibility: How The Existence Of A Design Patent Should Shape Evidentiary Burdens In Litigation Over Trade Dress Protection For The Same Features, Vuong Nguyen

University of Chicago Law Review

No abstract provided.


Cyberwar, International Politics, And Institutional Design, Daniel Abebe Jan 2015

Cyberwar, International Politics, And Institutional Design, Daniel Abebe

University of Chicago Law Review

In the United States, the breadth of the president’s warmaking authority has been governed by the Constitution, the Supreme Court’s jurisprudence, and, over time, historical practice; in short, the president’s powers are constrained by a well-developed body of US foreign relations law. But the prospect of a new kind of conflict—cyberwar—potentially challenges the existing regulatory regime, which rests on assumptions that are common to traditional, conventional war. For some, the complexities of cyberwar generate new foreign relations–law questions about the president’s authority to engage in offensive cyberoperations, and they thus necessi-tate a new regulatory framework. For others, cyberwar is not …


Territoriality, Technology, And National Security, Zachary D. Clopton Jan 2015

Territoriality, Technology, And National Security, Zachary D. Clopton

University of Chicago Law Review

Across various contexts, parties and courts have pressed for territorial rules in cases implicating technology and national security. This Essay suggests that presumptively territorial approaches to these questions are misguided. Territorial rules do not track the division of authority or capacity among the branches, nor are they effective proxies for the important interests of regulators or regulatees. On is-sues of technology and national security, territorial rules seem particularly ill suited: territorial rules aspire to certainty, but technology makes it harder to define “territoriality” in a consistent and predictable way; technology weakens territoriali-ty as a proxy for policy goals because data …


Checks And Balances From Abroad, Ashley Deeks Jan 2015

Checks And Balances From Abroad, Ashley Deeks

University of Chicago Law Review

Judicial and scholarly discussions about checks and balances almost always focus on actions and reactions by domestic actors. At least in the intelligence area, however, foreign actors can have direct and indirect influences on US checks and balances. New national-security challenges require increased cooperation with foreign intelligence partners. Leaks and voluntary transparency mean that far more information is publicly available about intelligence missions. And robust legal rules now bind the United States and other Western intelligence services. These changes create opportunities for foreign leaders, citizens, corporations, and peer intelligence services to affect the quantum of power within the executive or …


The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola Jan 2015

The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola

University of Chicago Law Review

A successful American grand strategy requires a close integration of interna-tional and domestic institutions and practices. This Essay explores the vital inter-dependence of grand strategy and law, both international and domestic. First, it asks how the United States should formulate its foreign policy strategy by pointing to the three primary components that must be deployed in tandem to forge a suc-cessful American foreign policy—persuasion, inducements, and force. Second, this Essay shows that in light of the distribution of powers between the president and Congress, and within the executive branch, the execution of that strategy requires a high level of bipartisan …


Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin Jan 2015

Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin

University of Chicago Law Review

In this Essay, we examine some of the factors that make developing a “science of security” a significant research and policy challenge. We focus on how the empirical hurdles of missing data, inaccurate data, and invalid inferences can significantly impact—and sometimes impair—the security decisionmaking processes of individuals, firms, and policymakers. We offer practical examples of the sensitivity of policy modeling to those hurdles and highlight the relevance of these examples in the context of national security.


How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq Jan 2015

How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq

University of Chicago Law Review

This Essay explores an entanglement of ends and means between two seem-ingly disparate parts of the Constitution: the Fourth Amendment and the separation of powers. Not only do these two elements of the Constitution share a common ambition; they are also intertwined in practical operation. The vindication of Fourth Amendment interests, however defined, depends on a measure of institutional differentiation between the branches of government. That predicate, however, has eroded over time. In its absence, difficult questions arise about how Fourth Amendment values are best implemented and whether their realization will in the end hinge on private rather than on …


Separation Of Powers And Centripetal Forces: Implications For The Institutional Design And Constitutionality Of Our National-Security State, Jon D. Michaels Jan 2015

Separation Of Powers And Centripetal Forces: Implications For The Institutional Design And Constitutionality Of Our National-Security State, Jon D. Michaels

University of Chicago Law Review

Today’s national-security state is increasingly highly concentrated, centralized, and consolidated across at least three dimensions: the public-private divide, the federal-state divide, and the political–civil servant divide within government agencies. Each of these dimensions of concentration, centralization, and consolida-tion has been individually examined. Yet notwithstanding careful study, there has been little appreciation of the potentially reinforcing effects of consolidation occurring along any two, let alone all three, of the relevant dimensions. That is to say, scholars and policymakers have generally zeroed in on only one dimension of con-solidation at a time—and they have assessed the pros and cons of public-private, federal-state, …


Constitutional Implications Of The Cost Of War, Lucas Issacharoff, Samuel Issacharoff Jan 2015

Constitutional Implications Of The Cost Of War, Lucas Issacharoff, Samuel Issacharoff

University of Chicago Law Review

Institutional practices evolve to fill gaps in all constitutional blueprints. One of the underappreciated features of the initial constitutional settlement of war powers was the accountability of the executive through the process of budgetary authorization and the corresponding need for Congress to answer to the citizenry for the tax implications of military expenditures. This political accountability is more complex than often described, consisting not merely of the division of the Declare War and Commander-in-Chief Clauses of Article I and Article II, but also of the temporal limitation of the budgetary power for the army and a variety of practical and …


The Norm Against Economic Espionage For The Benefit Of Private Firms: Some Theoretical Reflections, Samuel J. Rascoff Jan 2015

The Norm Against Economic Espionage For The Benefit Of Private Firms: Some Theoretical Reflections, Samuel J. Rascoff

University of Chicago Law Review

For decades, the American intelligence community has adhered to a norm against spying for the sake of enriching private firms. More recently, the norm has figured in a prominent presidential directive as well as in various international agreements. But notwithstanding its durability and its newfound renown, the norm has largely eluded scholarly consideration. In this Essay, I aim to address that gap by showing how theories of agency capture and institutional culture can help make sense of the norm’s past and inform judgments about its future.


Privacy-Privacy Tradeoffs, David E. Pozen Jan 2015

Privacy-Privacy Tradeoffs, David E. Pozen

University of Chicago Law Review

Legal and policy debates about privacy revolve around conflicts between pri-vacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a privacy-privacy tradeoff arises. This Essay introduces the phenomenon of privacy-privacy tradeoffs, with par-ticular attention to their role in NSA surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA’s defenders appeal not only to a national-security need but also to a privacy-privacy tradeoff. An appreciation of these tradeoffs, the Essay contends, …


What Is Gun Control? Direct Burdens, Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A.H. Miller Jan 2015

What Is Gun Control? Direct Burdens, Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A.H. Miller

University of Chicago Law Review

Particularly in places with few recognizable gun control laws, “gun neutral” civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of ad-dressing these practical …