Knowing Separability When We See It
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →
2017
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Star Athletica’s Fissure in the Intellectual Property Functionality Landscape
In a perverse twist, the Supreme Court’s 2017 Star Athletica copyright decision might have more significant effects on design patent… Continue reading →
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Nondelegation Doctrine in Comparative Context: Britain’s Great Repeal Bill and the Shadow of Henry VIII
In their recent article, Keith Whittington and Jason Iuliano marshal considerable evidence for the proposition that the nondelegation doctrine is… Continue reading →
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Discovering Third-Party Funding in Class Actions: A Proposal for In Camera Review
Third‐party funding increasingly is a feature of litigation in the United States. One of the issues raised by third‐party litigation… Continue reading →
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Penn Central Squared: What the Many Factors of Murr v. Wisconsin Mean for Property Federalism
On June 23, 2017, the Supreme Court’s 5–3 decision in Murr v. Wisconsin provided some long‐awaited guidance for courts to… Continue reading →
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Measuring Partisan Fairness: How Well Does the Efficiency Gap Guard Against Sophisticated as well as Simple-Minded Modes of Partisan Discrimination?
The efficiency gap has recently been touted as a general partisan fairness measure with the ability to “neatly slice the… Continue reading →
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Contextualizing Shadow Conversations
In Legislating in the Shadows, Professor Walker has deftly presented one side of the drafting conversation that occurs between agency… Continue reading →
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The One‐In, Two‐Out Executive Order Is a Zero
On January 30, 2017, President Donald J. Trump signed Executive Order 13,771, which directs each agency to repeal at least… Continue reading →
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The Yates Memo Versus Administrative Law
There’s no denying that the Department of Justice’s response to the financial crisis of 2008 was underwhelming. Despite seemingly widespread… Continue reading →
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Health Information Equity
In the last few years, numerous Americans’ health information has been collected and used for follow‐on, secondary research. This research… Continue reading →