Read My Lipsky: Reliance on Consent Orders in Pleadings
Consent orders are used to resolve government enforcement actions through a court-approved settlement. Although consent orders often include detailed factual… Continue reading →
2014
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Patent Nonuse and Technology Suppression: The Use of Compulsory Licensing to Promote Progress
The U.S. Supreme Court has consistently and adamantly held that patents do not require patentees to use or commercialize their… Continue reading →
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Funding Terror
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
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Constitutional Colorblindness and the Family
Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →
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Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice
Congress has recently acknowledged the need for a better understanding of investor behavior. In the Dodd–Frank Act, Congress instructed the… Continue reading →
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The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
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“I’ll Take Form Over Substance for $800, Trebek”: Why Blueford Was Too Rigid and How States Can Properly Provide Double Jeopardy Protection
In August 2009, Arkansas tried Alex Blueford for the murder of a one‐year‐old child. Blueford was charged with capital murder,… Continue reading →
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Old Statutes, New Problems
Congress is more ideologically polarized now than at any time in the modern regulatory era, which makes legislation ever harder… Continue reading →
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The Constitutional Standing of Corporations
Are corporations “persons” with constitutional rights? The Supreme Court has famously avoided analysis of the question, while recognizing that corporations… Continue reading →
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Dodd-Frank Orderly Liquidation Authority: Too Big for the Constitution?
The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →