The Patent Spiral
Examination—the process of reviewing a patent application and deciding whether to grant the requested patent—improves patent quality in two ways.… Continue reading →
2016
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Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment
At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, which are created… Continue reading →
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Victory Is Defeat: The Ironic Consequence of Justice Scalia’s Death for Fisher v. University of Texas
(Photo: Pavel Ivanov / Flickr) The recent death of Justice Antonin Scalia on February 13, 2016, leaves the U.S. Supreme… Continue reading →
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Perverse Incentives, Cost‐Benefit Imbalances, and the Infield Fly Rule
(Photo: Joel Dinda/Flickr) Judge Andrew J. Guilford and Joel Mallord begin their manifesto against the Infield Fly Rule with an… Continue reading →
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Unguided Missiles: Why the Supreme Court Should Prohibit Police Officers from Shooting at Moving Vehicles
(Photo: Robert Kuykendall/Flickr) In just an eighteen month period, the Supreme Court decided two cases involving the use of deadly… Continue reading →
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An Economic Understanding of Search and Seizure Law
This Article uses economic concepts to understand search and seizure law, the law governing government investigations that is most often… Continue reading →
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How Corporate Governance Is Made: The Case of the Golden Leash
This Article presents a case study of a corporate governance innovation: the incentive compensation arrangement for activist‐nominated director candidates colloquially… Continue reading →
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The Gravitational Force of Federal Law
In the American system of dual sovereignty, states have primary authority over matters of state law. In nonpreemptive areas in… Continue reading →
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What to Do When Main Street Is Legal Again: Regional Land Value Taxation as a New Urbanist Tool
For most of the twentieth century, Americans left urban centers for suburban landscapes. [O]ver the last one hundred years, American… Continue reading →
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Unconscionability as a Coherent Legal Concept
“Contracts of adhesion” are those long, complicated, boring contracts that no one reads and everyone signs. For a long time,… Continue reading →