Patenting Around Failure
Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office… Continue reading →
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Fourth Amendment Moralism
The Fourth Amendment is generally seen as a procedural provision blind to a defendant’s conduct in a given case, distinguished… Continue reading →
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Our Principled Constitution
Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies,… Continue reading →
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Taxing the Gig Economy
Due to advances in technology like mobile applications and online platforms, millions of American workers now earn income through “gig”… Continue reading →
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Settling the Staggered Board Debate
We address the heated debate over the staggered board. One theory claims that a staggered board facilitates entrenchment of inefficient… Continue reading →
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Contested Visions: The Value of Systems Theory for Corporate Law
Despite the dominant role corporations play in our economy, culture, and politics, the nature and purpose of corporations remain hotly… Continue reading →
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Delegating for Trust
Courts and legal observers have long been concerned by the scope of authority delegated to administrative agencies. The dominant explanation… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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