Court Competition for Patent Cases
There are ninety-four federal district courts in the United States, but nearly half of the six thousand patent cases filed… Continue reading →
Search results for: “Article”
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Balance‐of‐Powers Arguments, the Structural Constitution, and the Problem of Executive “Underenforcement”
Balance‐of‐powers arguments are ubiquitous in judicial opinions and academic articles that address separation‐of‐powers disputes over the President’s removal authority, power… Continue reading →
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The Third Bound
Conventions pervasively shape and constrain executive discretion and are an indispensable tool for understanding the issues discussed in the articles.… Continue reading →
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The Shadow of State Secrets
State secrets doctrine catapulted to prominence post-2001, as the executive responded to lawsuits alleging a range of constitutional and human… Continue reading →
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Abortion Rights and the Largeness of the Fraction ⅙
The most important abortion rights Supreme Court case in decades may hinge on the answer to a seemingly trivial question—is… Continue reading →
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Discriminatory Discretion: PTO Procedures and Viewpoint Discrimination under Section 2(a) of the Lanham Act
The current standards for denying and cancelling trademarks under section 2(a) of the Lanham Act are insufficiently clear to prevent… Continue reading →
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Investor Participation in Initial Public Offerings
During an initial public offering (IPO), shares of a company are sold to the public for the first time. To… Continue reading →
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How to Avoid the Standing Problem in Floyd: A Relaxed Approach to Standing in Class Actions
David Ourlicht, a black Manhattan man in his twenties, was stopped and frisked by New York City police officers three… Continue reading →
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Surveillance Class Actions
Class actions against online platforms alleging improper data collection and sharing practices have increased dramatically in recent years. In 2022,… Continue reading →
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A Feeling of Unease About Privacy Law
This essay responds to Daniel Solove’s recent article, A Taxonomy of Privacy. I have read many of Daniel Solove’s privacy-related… Continue reading →