Salvaging the Law of Patent Value: Brunette, TC Heartland, and the Venue Clarification Act
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court reaffirmed the principle that no part of the general… Continue reading →
2019
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The Bankruptcy Firm
Bankruptcy scholars spend too much time thinking about distributional norms and not enough assessing the impact of bankruptcy rules on… Continue reading →
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Police Disciplinary Appeals
Scholars and experts generally agree that rigorous enforcement of internal regulations within a police department promotes constitutional policing by deterring… Continue reading →
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Government Standing and the Fallacy of Institutional Injury
A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of… Continue reading →
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Digital Switzerlands
U.S. technology companies are increasingly standing as competing power centers that challenge the primacy of governments. This power brings with… Continue reading →
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Accessing Accountability: Exploring Criminal Prosecution of Male Guards for Sexually Assaulting Female Inmates in U.S. Prisons
The #MeToo movement has failed to consider the plight of America’s most at‐risk populations suffering unabated sexual abuse: incarcerated women.… Continue reading →
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New Legal Problems, Old Legal Solutions: Bailment Theory as the Baseline Data Security Standard of Care Owed to an Opponent’s Data in Discovery
The digitization of discovery has created new data security threats to parties’ proprietary data from third parties. The transfer of… Continue reading →
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Data-Driven Originalism
The threshold question for all originalist methodologies concerns the original communicative content of the words of the Constitution. For too… Continue reading →
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Ineffective Assistance of Padilla: Effectuating The Constitutional Right to Crimmigration Counsel
The Supreme Court decided in Padilla v. Kentucky that noncitizens in criminal proceedings have a Sixth Amendment right to advice… Continue reading →
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School Vouchers, Special Education, and The Supreme Court
Among all of the contentious debates in education policy, perhaps none is as divisive as the one over private school… Continue reading →