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Essays
The Trespass Fallacy in Patent Law
Adam Mossoff
The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents...
Essays
Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis
Alan M. WhiteCarolina Reid
Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? The 2007–2012 financial crisis provides...
  • Articles
    CEO Retention
    Lee Harris
    Again and again, economists, corporate law scholars, and Congress have turned to reforms, such as executive compensation reforms, as a solution to executive misbehavior. The root of the evil, they...
  • Articles
    Rethinking Removability
    Jennifer Lee Koh
    Removability, in the context of immigration law, refers to the government’s legal authority to seek deportation for violations of the federal immigration statute. Removability matters now more than ever before,...
  • Articles
    Recognizing Discrimination: Lessons from White Plaintiffs
    Wendy Parker
    The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion...
  • Articles
    Lawlessness Breeds Lawlessness: A Case for Applying the Fourth Amendment to Extraterritorial Searches
    Amy E. Pope
    This official statement of the U.S. government’s strategy toward transnational organized crime recognizes a developing phenomenon: the maturation of criminal networks that increasingly know no boundaries. From narcotics trafficking to...
Migrating Boundaries
Katrina M. WymanNicholas R. Williams
The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border...
Articles
The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?
Robert J. Pushaw Jr.
National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination...
Notes
“Camels Agree with your Throat” and Other Lies: Why Graphic Warnings are Necessary to Prevent Consumer Deception
Ellen English
The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires...