The Vanishing Common Law Judge?
The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by… Continue reading →
2017
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Evaluating NFL Player Health and Performance: Legal and Ethical Issues
This Article follows the path of a hypothetical college football player with aspirations to play in the National Football League,… Continue reading →
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What We Buy When We Buy Now
Imagine you purchase a new book from Amazon. You visit Amazon.com, find a book that looks promising, click the familiar… Continue reading →
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The Myth of the Nondelegation Doctrine
For much of the nineteenth and early twentieth centuries, the nondelegation doctrine served as a robust check on governmental expansion.… Continue reading →
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Revoking the Revocable License Rule: A New Look at Resale Restrictions on Sports Tickets
Most sports fans consistently rely on the secondary ticket market. After all, the secondary ticket market provides fans with numerous… Continue reading →
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Auditing Algorithms for Discrimination
As reliance on algorithmic decisionmaking expands, concerns are growing about the potential for arbitrary, unfair, or discriminatory outcomes in areas… Continue reading →
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Clarifying the “Clear Meaning” of Separability
Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of… Continue reading →
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The Sum is More Public Domain than its Parts?: US Copyright Protection for Works of Applied Art Under Star Athletica’s Imagination Test
In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the… Continue reading →
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What is a “Useful Article” in Copyright Law After Star Athletica?
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
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Forgetting Functionality
In Star Athletica, LLC v. Varsity Brands, Inc., the U.S. Supreme Court had an opportunity to clarify copyright law’s treatment… Continue reading →