Prosecuting Inequitable Conduct
Improving Familial and Communal Eldercare in the United States: Lessons from China and Japan
by Hunter Bruton Available here As America struggles with healthcare reform the mid-twentieth century baby boom has blossomed into an elder boom. As our population continues to age, it becomes harder and harder to ensure better eldercare without substantially increasing costs. An often-overlooked possibility could help solve this problem: eldercare provided or supplemented by families and…
Continue ReadingA New Social Contract: Corporate Personality Theory and the Death of the Firm
In their article The Death of the Firm, June Carbone and Nancy Levit argue that, “the firm as entity is disappearing as a unit of legal analysis.” More specifically, they argue that by dismissing the corporation as a mere legal fiction and equating the rights of this legal fiction with the rights of its owners,…
Continue ReadingTruth, Lies, and Power at Work
Professor Estlund discusses Professor Norton’s analysis on the collision of regulating the speech of employers with protecting employees, finding that Norton “makes a persuasive case that relative power should be and sometimes is relevant to the constitutionality of both speech restrictions and compelled disclosure of information.”
Continue ReadingHeuristic Interventions in the Study of Intellectual Property
Professor Silbey expands on the work of Professor Burk by elaborating on three of Burk’s central points, while noting that Burk’s work serves as a crucial step in explaining intellectual property as a social practice.
Continue ReadingReining in Private Agents
Professor Amitai Etzioni discusses the government’s use of private contractors by examining three case studies: data privacy, private policing, and private military contractors. By examining the ways in which the government can avoid certain restrictions by relying on these private agents, Professor Etzioni suggests that a complete reconceptualization may be required.
Continue ReadingMathis v. U.S. and the Future of the Categorical Approach
The categorical approach and its various iterations have caused confusion in many of the lower courts. Professor Evan Tsen Lee dissects the future of the categorical approach after the Supreme Court’s ruling in Mathis v. United States, while suggesting that there may be alternatives.
Continue ReadingThe Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs
Professor Bruce G. Peabody reexamines his 1999 piece published with Volume 83 of the Minnesota Law Review, entitled “The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment.” Peabody’s 1999 article has generated a significant amount of conversation since the time of its publication and the argument is again renewed in light of commentary surrounding…
Continue ReadingA Place of Their Own: Crowds in the New Market for Equity Crowdfunding
Crowdfunding was designed as an alternative regime to traditional securities regulation to help small businesses access capital. One problem with this new regime is that crowdfunding rules ignore the special characteristics of crowds. Crowds rely on group heuristics like the “wisdom of the crowd” and are subject to group inefficiencies like information cascades. Treating crowdfunding like traditional fundraising ignores how crowds behave…
Continue ReadingImproving Technology Neutrality Through Compulsory Licensing
Brad Greenberg’s article, Rethinking Technology Neutrality, challenges a fundamental premise of the current Copyright Act. The Act takes a technology neutral approach to defining the scope of copyright protection. Under the Act, old and new technologies should receive equal treatment with regard to copyright liability as a way to future-proof copyright law and prevent too-frequent…
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