Ghost in the Network
Cyberattacks are inevitable and widespread. Existing scholarship on cyberespionage and cyberwar is undermined by its futile obsession with preventing attacks.… Continue reading →
Volume 162 (2013-2014)
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Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the… Continue reading →
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Communications Privacy for and by Whom?
Professor Orin Kerr has proposed an elegant new thought experiment in his piece, The Next Generation Communications Privacy Act. The… Continue reading →
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Applause for the Plausible
Why has the word “plausible” come to define federal civil litigation? In recent years, the U.S. Supreme Court supplemented longstanding… Continue reading →
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Off-Label Drug Promotion and the First Amendment
Off-label promotion—pharmaceutical manufacturers’ marketing of FDA-approved drugs for unapproved uses—is considered a First Amendment right by some, a threat to… Continue reading →
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Aereo and Copyright’s Private-Public Performance Line
The Copyright Act of 1976 provides to copyright owners the exclusive right to perform their copyrighted works publicly, but not… Continue reading →
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Could the SEC Save Basic Through Rulemaking?
Securities and Exchange Commission (SEC) Rule 10b‐5 forbids material misstatements or omissions in connection with the purchase or sale of… Continue reading →
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The Prudential Third-Party Standing of Family-Owned Corporations
On November 26, 2013, the Supreme Court agreed to decide whether for‐profit corporations or their shareholders have standing to challenge… Continue reading →
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Deciding by Default
Impersonal default rules, chosen by private or public institutions, establish settings and starting points for countless goods and activities—cell phones,… Continue reading →
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Factual Precedents
Lawyers and judges speak to each other in a language of precedents – decisions from cases that have come before.… Continue reading →