By Talia Fisher. Full text here. The decision-making processes underlying the determination of guilt and punishment in criminal trials are governed by the threshold model. Under this model, conviction is construed as a binary, on-off decision leading to an all-or-nothing sentencing regime. Failure to meet the beyond-a-reasonable-doubt evidentiary threshold results in categorical acquittal and no punishment.…

By Jeremy N. Sheff. Full text here. The trademark doctrine of post-sale confusion is a creation of the lower federal courts that has never been accepted, or even considered, by the Supreme Court. The Article argues that the doctrine should be discarded. Courts use the term “post-sale confusion” inconsistently to refer to three different species of…

By Christopher Slobogin. Full text here.

By Orin S. Kerr. Full text here.

By Paul Ohm. Full text here.

By Jane E. Kirtley. Full text here.

By William W. Fisher III. Full text here.

By Dan L. Burk. Full text here.

By Pamela Samuelson. Full text here.

By Nicole M. Murphy. Full text here.