Abortion Rights and the Largeness of the Fraction ⅙
The most important abortion rights Supreme Court case in decades may hinge on the answer to a seemingly trivial question—is… Continue reading →
2016
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Concord with Which Other Families?: Marriage Equality, Family Demographics, and Race
Lesbian and gay parents figured prominently in two decades of litigation concerning marriage equality, and Obergefell v. Hodges was no… Continue reading →
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Depicting Minority Petitioners' Lives in Appellate Opinions
Mellouli v. Lynch, decided in June 2015, evaluated whether a state conviction for possession of drug paraphernalia used to conceal… Continue reading →
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Do the Merits Matter? Empirical Evidence on Shareholder Suits from Options Backdating Litigation
This Article examines a basic question in corporate law: Do the legal merits matter in stockholder litigation? A connection between… Continue reading →
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“Ideology” or “Situation Sense”? An Experimental Investigation of Motivated Reasoning and Professional Judgment
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to… Continue reading →
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Adapting Copyright for the Mashup Generation
Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have… Continue reading →
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Discriminatory Discretion: PTO Procedures and Viewpoint Discrimination under Section 2(a) of the Lanham Act
The current standards for denying and cancelling trademarks under section 2(a) of the Lanham Act are insufficiently clear to prevent… Continue reading →
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Investor Participation in Initial Public Offerings
During an initial public offering (IPO), shares of a company are sold to the public for the first time. To… Continue reading →
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Writing About Nonpersons
Professor Garrett’s article on the constitutional standing of corporations employs the heuristic of “effective” litigation to unpack the lack of… Continue reading →
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Causation and Harm in a Multicomponent World
On September 17, 2015, the Federal Circuit issued another decision in the epic Apple v. Samsung smartphone war. This was… Continue reading →