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smilliganlawreview
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ArticleVol. 96 · Iss. 4
A Theory of Poverty: Legal Immobility
The puzzle of why the cycle of poverty persists and upward socioeconomic mobility is so difficult has long captivated scholars and the public alike.…
Sara S. Greene -
ArticleVol. 96 · Iss. 4
Patenting the Unexplained
It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply…
Sean B. Seymore -
CommentaryVol. 96 · Iss. 3
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering…
Megan T. Stevenson & Christopher Slobogin -
NoteVol. 96 · Iss. 3
A Lawyer’s Divorce: Will Decentralized Ledgers and Smart Contracts Succeed in Cutting Out the Middleman?
Society is progressing at a rapid pace. As math and science evolve, new technologies begin to utilize these advances and create something novel. These…
Charlotte R. Young -
NoteVol. 96 · Iss. 3
Patent Infringement in Personalized Medicine: Limitations of the Existing Exemption Mechanisms
Mr. X suffers from recurrent glioblastoma, a type of deadly brain cancer. One of his physicians reads a study reporting a novel immunotherapy, which…
Jiyeon Kim -
ArticleVol. 96 · Iss. 3
How the War on Terror is Transforming Private U.S. Law
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law,…
Maryam Jamshidi -
ArticleVol. 96 · Iss. 3
Corporate Short-Termism and Intertemporal Choice
This paper presents an intertemporal model of short-termism. Critics have portrayed short-termism in broad brushstrokes as the bane of corporate governance. But short-termism does…
Robert J. Rhee -
ArticleVol. 96 · Iss. 3
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to…
Mark P. Nevitt & Robert V. Percival -
NoteVol. 96 · Iss. 2
Protecting the Democratic Role of the Press: A Legal Solution to Fake News
It is difficult to discuss the 2016 presidential election without including the impact of fake news in the conversation, and most commentators deplore the…
Andrea Butler -
NoteVol. 96 · Iss. 2
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute”…
David A. Serati -
ArticleVol. 96 · Iss. 2
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Immigration scholarship has begun to explore the prominence of shadow removals—deportations that are executed by front-line agency officials acting outside the presence of an…
Jennifer Lee Koh -
ArticleVol. 96 · Iss. 2
Noncompetes as Tax Evasion
Al Capone famously boasted of his criminal empire: “Some call it bootlegging. Some call it racketeering. I call it a business.” Treasury Agent Frank…
Rebecca N. Morrow