Heuristic Interventions in the Study of Intellectual Property
by Jessica Silbey
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. Full essay here.
Truth, Lies, and Power at Work
by Cynthia Estlund
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.” Full essay here.
A New Social Contract: Corporate Personality Theory and the Death of the Firm
by Stefan J. Padfield
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, cases like Hobby Lobby, “erode the status of the corporation as an entity that . . . has institutional obligations to its employees, or can be held institutionally