Article Type
Commentary
Posts
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CommentaryVol. 91 · Iss. 5
Completing the Picture of Uncertain Patent Scope
Uncertain patent scope is perhaps the most significant problem facing the patent system. Uncertainty in patent rights leads to avoidable infringement; suppressed competition; inefficient…
Greg Reilly -
CommentaryVol. 91 · Iss. 4
Breaking Bad? Too-Big-To-Fail Banks Not Guilty As Not Charged
Since the 2008 financial crisis, rating agencies, regulators, global organizations, and academics have argued that large banks receive significant competitive advantages because the market…
Nizan Geslevich Packin -
CommentaryVol. 97 · Iss. 4
Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule
This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with…
Clay Calvert -
CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan -
CommentaryVol. 91 · Iss. 2
The Federal Media Shield Folly
News organizations have pushed for a federal law protecting journalists from compelled disclosure of confidential sources and unpublished information since the Supreme Court ruled…
Brad A. Greenberg -
CommentaryVol. 91 · Iss. 1
Salvaging the 2013 Federal Law Clerk Hiring Season
Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and…
Carl Tobias -
CommentaryVol. 97 · Iss. 3
Robotic Collective Memory
The various ways in which robots and AI will affect our future society are at the center of scholarly attention. This Commentary, conversely, concentrates…
Michal Shur-Ofry & Guy Pessach -
CommentaryVol. 97 · Iss. 2
Exploiting Pre-Existing Beliefs
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…
Ahmed E. Taha -
CommentaryVol. 97 · Iss. 1
Perjury by Omission
“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can…
Ira P. Robbins -
CommentaryVol. 98 · Iss. 5
Period Poverty in a Pandemic: Harnessing Law to Achieve Menstrual Equity
Period poverty is not new, but it has become more visible during the COVID-19 crisis. Worldwide, menstruation has long caused marginalization and vulnerability for many. The…
Bridget J. Crawford & Emily Gold Waldman -
CommentaryVol. 98 · Iss. 4
Considering the Private Animal and Damages
Since 2018, private law damages claims seeking to place animals in the role of plaintiffs have––in dramatic fashion––moved from academic debate to high-profile litigation. Focusing on…
Richard L. Cupp, Jr. -
CommentaryVol. 98 · Iss. 3
Arbitrator Diversity: Can It Be Achieved?
The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract…
Sarah Rudolph Cole