Machine Speech
Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend… Continue reading →
Volume 161 (2012-2013)
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Protocol Layering and Internet Policy
An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In… Continue reading →
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The Toxic Side Effects of Shareholder Primacy
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →
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The Technology of Creditor Protection
Contract is the primary means through which creditors control a firm’s debt– equity conflict. There is an irony here, however.… Continue reading →
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In Memoriam – Arlen Specter: 1930‐2012
In this memoriam, Judge Jan E. DuBois of the United States District Court for the Eastern District of Pennsylvania remembers… 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 →
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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 →
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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 →