Suboptimal Social Science and Judicial Precedent
The social sciences have developed dramatically over the last century in both breadth and sophistication. These disciplines offer systematic data… Continue reading →
Issue 5
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The Geography of the Battlefield: A Framework for Detention and Targeting Outside the “Hot” Conflict Zone
The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the… Continue reading →
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Exorcising McCulloch: The Conflict-Ridden History of American Banking Nationalism and Dodd-Frank Preemption
Conventional wisdom holds that federal laws conferring banking powers on national banks presumptively preempt state laws seeking to control the… Continue reading →
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An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?
This Article conducts an empirical analysis of the relative ages of patents litigated by practicing and nonpracticing entities (NPEs). By… Continue reading →
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Confusing the Means for the Ends: How a Pro-Settlement Policy Risks Undermining the Aims of Title VII
When analyzing cases arising from disputes over Title VII settlements, courts often begin with the proposition that Congress intended to… Continue reading →