In this Response, Professors Judges and Cribari concentrate on explaining why they do not share Professor Sampsell-Jones’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is reflected in the article’s proposed rejection of Griffin v. California’s prohibition regarding adverse inferences from the defendant’s assertion…

In this Response, Professor Lee builds on Professor Samuelson’s Are Patents on Interfaces Impeding Interoperability? to emphasize that the social costs and benefits of interface patents are highly context-specific. Invoking the concept of “technological paradigms,” Professor Lee argues that strong interface patents can promote significant technological advances in contested industries, but that ex post policy interventions…

Before his appointment to the Minnesota State Supreme Court, Justice David Stras was the faculty advisor to the Minnesota Law Review . In recognition of his appointment, this Tribute features essays from Dean David Wippman, Professor Robert Stein, Professor Tim Johnson, and Professor Ryan Scott.

This essay responds to Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should It Matter?, in which I. Glenn Cohen and Daniel L. Chen analyze what they describe as an arm-chair principle called “the substitution theory”–the claim that facilitating treatment for infertility, including subsidizing in vitro fertilization (IVF), decreases adoptions. Cohen…

In this Response to Jeffrey Meyer’s Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law, Professor Gibney commends Professor Meyer’s efforts to theorize a comprehensive framework for understanding the extraterritorial scope and limits of United States law.  Professor Meyer’s proposal would give a territorial reading to U.S. law unless (1)…

Anticompetitive Effect by Judge Cudahy and Mr. Devlin focuses on a critical issue in antitrust jurisprudence: whether anticompetitive effect should be evaluated under an “aggregate welfare approach to competition” or under a “consumer welfare” approach. What hangs in the balance is the future efficacy of both public and private enforcement. This Comment traces the history…

In this Response to Professor Epstein’s Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs, Professor Hall argues that while he agrees with Professor Epstein’s assessment of the problems with the FDA drug approval process, he disagrees with his proposed solution. Professor Hall argues that Professor Epstein’s solution—to reduce the FDA to an…

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of…

In this Reply, Professor Sampsell-Jones responds to Speaking of Silence: A Reply to Making Defendants Speak by Professors Cribari and Judges. He argues that their theory of the Self-Incrimination Clause, which relies on intuition to determine which practices are necessary to “test the prosecution” in criminal cases, is lacking in both textual support and practical…

**Editor’s note: This piece responds to Reply: Clawback to the Future by Miriam A. Cherry and Jarrod Wong. As the American economy continues to totter against an ever-growing populist momentum, it seems likely that clawback mechanisms of various sorts will be put to increasing use in the coming months and years.[1] Very generally, a clawback…