Author
bmallory26
Posts
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ArticleVol. 102 · Iss. 4
The Invention Myth
Patent law is, at its heart, all about the invention. Determining who qualifies as an inventor defines who controls the exclusory right conferred by…
Sean B. Seymore -
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 4
AI’s Hippocratic Oath
Diagnosing diseases, creating artwork, offering companionship, analyzing data, and securing our infrastructure—artificial intelligence (“AI”) does it all. But it does not always do it…
Chinmayi Sharma -
ArticleVol. 102 · Iss. 4
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm…
Paul Schiff Berman -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
NoteVol. 102 · Iss. 4
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of…
Maria Crusey -
NoteVol. 102 · Iss. 4
Taxing Cultural Endowments
On February 5, 2019, the Museum of Modern Art (MoMA) in New York announced that it had received the largest donation in its ninety-year…
Skyler E. Dykes -
ArticleVol. 102 · Iss. 3
A Constitutional False Claims Act
The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system…
Benjamin J. McMichael, Mackenzi Barrett & W. Kip Viscusi -
ArticleVol. 102 · Iss. 3
Ameliorative Infringement and Public Interest Damages
Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit…
Karl M.F. Lockhart -
ArticleVol. 102 · Iss. 3
Investor Climate Alliances
Climate change causes systemic financial risk, compelling long-term institutional investors to act. Its impacts extend beyond financial harms, aligning institutional investors with socially responsible…
Amelia Miazad -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
NoteVol. 102 · Iss. 3
Safe at Home: Reimagining Address Confidentiality
On her fourth attempt to escape, a Michigan survivor hoped that her abuser would not find her this time. But, as in her previous…
Haley Bills