2018
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The Decline of Supreme Court Deference to the President
According to entrenched conventional wisdom, the president enjoys considerable advantages over other litigants in the Supreme Court. Because of the… Continue reading →
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Sovereigns, Shopkeepers, and the Separation of Powers
For decades, we have examined privatization with zeal and rigor. Relegated to the margins, however, have been inquiries into privatization’s… Continue reading →
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The Proficiency of Experts
Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the… Continue reading →
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A Municipal Speech Claim Against Body Camera Video Restrictions
This Comment describes one approach to securing public access to the data collected by police‐worn body cameras (PWBC). Ever since… Continue reading →
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Halo Is Not the Saving Grace for the Patent System
Patent law is facing growing pains as it tries to operate within a framework originally created with different technology in… Continue reading →
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Law, Virtual Reality, and Augmented Reality
Virtual Reality (VR) and Augmented Reality (AR) are going to be big—not just for gaming but for work, for social… Continue reading →
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Patenting Around Failure
Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office… Continue reading →
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Our Regionalism
This Article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal… Continue reading →
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Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →