The Moral Psychology of Copyright Infringement
By Christopher Buccafusco & David Fagundes. Full text here. Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no financial harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-pecuniary…
Continue ReadingOf Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients
By Stacey A. Tovino. Full text here. In its broadest sense, this Article challenges the lack of legally enforceable rights available to individuals in United States Immigration and Customs Enforcement (ICE) custody. More specifically, this Article examines ICE’s widespread practice of secluding immigration detainees for lengthy periods of time for purported administrative, disciplinary, or protective reasons.…
Continue ReadingPublic Enforcement Compensation and Private Rights
By Prentiss Cox. Full text here. Government enforcement actions have returned tens of billions of dollars to consumers, investors and employees. This “public enforcement compensation” is important to effective civil law enforcement, yet it is poorly understood and increasingly criticized. Recent scholarship asserts that public compensation mimics class action recoveries and raises the same concerns of accountability…
Continue ReadingNo Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror
By Walter F. Mondale, Robert A. Stein & Caitlinrose Fisher. Full text here. Since the founding of our nation, the executive, judicial, and legislative branches of government have struggled with maintaining an appropriate balance between gathering intelligence for national security purposes and protecting the civil liberties of United States citizens. This difficulty is compounded by the…
Continue ReadingNote: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions
By Leah Tabbert. Full text here. Rule 403 of the Federal Rules of Evidence applies to virtually every piece of evidence introduced in federal proceedings, permitting the trial judge to exclude evidence if the danger of unfair prejudice substantially exceeds the evidence’s probative value. By requiring that the danger of prejudice substantially outweigh probative value in…
Continue ReadingNote: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses
By Kyle R. Kroll. Full text here. Policy-makers have become increasingly wary of a new patent litigation strategy called “patent privateering.” Through licensing or transfers of patents, companies can sponsor and direct—or privateer—other entities (often called patent assertion entities (or PAEs)) to sue competitors for patent infringement. Unlike patent trolling, patent privateering is not purposed on…
Continue ReadingNew Economy, Old Biases
By Nancy Leong. Full text here. Alan David Freeman’s seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. Professor Freeman observed that the law guaranteed racial equality while simultaneously rationalizing the ongoing existence of grievous inequality. This Symposium Article demonstrates that Professor Freeman’s…
Continue ReadingWill LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?
By Robert S. Chang. Full text here. This Article examines several decades of race antidiscrimination law to conjecture about the course LGBT civil rights might take following Obergefell v. Hodges. It draws from Alan Freeman’s germinal Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, and asks…
Continue Reading“The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World
By Mario L. Barnes. Full text here. In his foundational Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, Critical Legal Studies (CLS) scholar Alan D. Freeman reviewed 25 years of U.S. Supreme Court jurisprudence with the goal of analyzing the disjuncture between the statutory and constitutional prohibition…
Continue ReadingRegaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court
By Andrew Manuel Crespo. Full text here. Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment. Commemorating the centennial volume of the Review that first published that legal classic, this Article offers a…
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