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ArticleVol. 89 · Iss. 6
Defining Patent Scope by the Novelty of the Idea
Patent law defines novelty by the creation of a new embodiment, not an idea. For example, the Wright brothers are deemed to have invented…
Tun-Jen Chiang -
ArticleVol. 89 · Iss. 5
Corporate Social Responsibility After Disaster
In recent years, corporations have devoted substantial resources to disaster relief worldwide. For instance, Wal-Mart garnered favorable attention for its contributions in New Orleans…
Susan S. Kuo & Benjamin Means -
ArticleVol. 89 · Iss. 5
“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity
Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern…
Anders Walker -
ArticleVol. 89 · Iss. 5
Constitutionalized Negligence
The propriety of imposing tort liability for negligent speech has been the subject of controversy since before the First Amendment’s incorporation. The debate over…
Deana Pollard Sacks -
ArticleVol. 89 · Iss. 4
Judging, Expertise, and the Rule of Law
We live in an era of hyper specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is…
Chad M. Oldfather -
ArticleVol. 89 · Iss. 4
Cybersecurity and Executive Power
This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national…
David W. Opderbeck -
ArticleVol. 89 · Iss. 4
Changing the Marriage Equation
This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I…
Deborah A. Widiss -
ArticleVol. 89 · Iss. 3
Arbitrary Death: An Empirical Study of Mitigation
The Supreme Court has long viewed mitigation evidence as key to saving the death penalty from constitutional challenge. Mitigation evidence about a capital defendant’s…
Emily Hughes -
ArticleVol. 89 · Iss. 3
Theorizing Mental Health Courts
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the…
E. Lea Johnston -
ArticleVol. 89 · Iss. 3
Marginalizing Risk
A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk…
Steven L. Schwarcz -
ArticleVol. 89 · Iss. 2
Judges Who Settle
This Article develops a construct of judges as gatekeepers and a set of principles to guide them in policing aggregate and derivative litigation. Part…
Hillary A. Sale -
ArticleVol. 89 · Iss. 2
Market Makers and Vampire Squid: Regulating Securities Markets After the Financial Meltdown
The meltdown of America’s investment banking industry in 2008 (disappearing into commercial banks via government-induced mergers or morphing into bank holding companies with access…
Robert B. Thompson