Articles

Robin J. Effron, The Plaintiff Neutrality Principle: Pleading Complex Litigation in the Era of Twombly and Iqbal

Grant Hayden & Matthew T. Bodie, Shareholder Democracy and the Curious Turn Toward Board Primacy

Michael M. O’Hear, Appellate Review of Sentences: Reconsidering Deference

David S. Rubenstein, “Relative Checks”: Towards Optimal Control of Administrative Power

Notes

Colin P. McCarthy, Paging Dr. Google: Personal Health Records and Patient Privacy

Andrew M. Szlagyi, Blowing Its Cover: How the Intelligence Identities Protection Act Has Masqueraded as an Effective Law and Why It Must Be Amended

Articles

David S. Law & David Zaring, Law Versus Ideology: The Supreme Court and the Use of Legislative History

Jessica Erickson, Corporate Governance in the Courtroom: An Empirical Analysis

Michael B. Kent, Jr., Theoretical Tension and Doctrinal Discord: Analyzing Development Impact Fees as Takings

W. Mark C. Weidemaier, Toward a Theory of Precedent in Arbitration

Notes

Jessica R. Coulter, A Sea Change To Change the Sea: Stopping the Spread of the Pacific Garbage Patch with Small-Scale Environmental Legislation

Articles

Fabio Arcila, The Death of Suspicion

Derek Black, Unlocking the Power of State Constitutions with Equal Protection: The First Step Toward Education as a Federally Protected Right

Robert J. Rhee, Bonding Limited Liability

Jeffrey W. Stempel, The Insurance Policy and Social Instrument and Social Institution

Notes

Krysta R. Edwards, The Vote from Beyond the Grave

Noah A. Kuschel, Exempting Police from 18 U.S.C. 924(c)

Articles

Alan Devlin & Neel Sukhatme, Self-Realizing Inventions and the Utilitarian Foundation of Patent Law

David Glazier, Playing by the Rules: Combating al Qaeda Within the Law of War

Anita S. Krishnakumar, The Hidden Legacy of Holy Trinity Church: The Unique National Institution Canon

Mark Moller, A New Look at the Original Meaning of the Diversity Clause

Notes

Andrew T. Erwin, Avoiding Another Eldorado: Balancing Parental Liberty and the Risk of Error with Governmental Interest in the Well-Being of Children in Complex Cases of Child Removal

Christopher G. Wilson, Embedded Federal Questions, Exclusive Jurisdiction, and Patent-Based Malpractice Claims

Boundaries of Intellectual Property Symposium

Trotter Hardy, Introduction

Dan L. Burk and Brett H. McDonnell, Trademarks and the Boundaries of the Firm

Jason Mazzone, Administering Fair Use

Pamela Samuelson and Tara Wheatland, Statutory Damages in Copyright Law: A Remedy in Need of Reform

Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions

Jane Winn and Nicolas Jondet, A New Deal for End Users? Lessons from a French Innovation in the Regulation of Interoperability

Margo A. Bagley, The New Invention Creation Activity Boundary in Patent Law

John F. Duffy, Rules and Standards on the Forefront of Patentability

Mark A. Lemley, Distinguishing Lost Profits from Reasonable Royalties

Michael J. Meurer, Patent Examination Priorities

Graeme B. Dimwoodie, Developing a Private International Intellectual Property Law: The Demise of Territoriality?

Brett Frischmann, Spillovers Theory and its Conceptual [...]]]>

Boundaries of Intellectual Property Symposium

Trotter Hardy, Introduction

Dan L. Burk and Brett H. McDonnell, Trademarks and the Boundaries of the Firm

Jason Mazzone, Administering Fair Use

Pamela Samuelson and Tara Wheatland, Statutory Damages in Copyright Law: A Remedy in Need of Reform

Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions

Jane Winn and Nicolas Jondet, A New Deal for End Users? Lessons from a French Innovation in the Regulation of Interoperability

Margo A. Bagley, The New Invention Creation Activity Boundary in Patent Law

John F. Duffy, Rules and Standards on the Forefront of Patentability

Mark A. Lemley, Distinguishing Lost Profits from Reasonable Royalties

Michael J. Meurer, Patent Examination Priorities

Graeme B. Dimwoodie, Developing a Private International Intellectual Property Law: The Demise of Territoriality?

Brett Frischmann, Spillovers Theory and its Conceptual Boundaries

Laura A. Heymann, How to Write a Life: Some Thoughts on Fixaiton and the Copyright/Privacy Divide

Mark P. McKenna, An Alternate Approach to Channeling?

Online Response

Steven Hetcher, A Response to Rebecca Tushnet’s Economies of Desire

Articles

Adam M. Samaha, Randomization in Adjudication

Elizabeth T. Lear, Federalism, Forum Shopping, and the Foreign Injury Paradox

Wayne A. Logan, Contingent Constitutionalism: State and Local Laws and the Applicability of Federal Constitutional Rights

Scott A. Moss and Peter H. Huang, How the New Economics Can Improve Employment Discrimination Law, and How Economics Can Survive the Demise of the Rational Actor

Notes

Anna C. Leist, Voting With Their Feet and Dollars: The Role of Investors and the Influence of the Mutual Fund Market in Regulating Fees

Scott J. Upright, Suspicionless Border Seizures of Electronic Files: The Overextension of the Border Search Exception to the Fourth Amendment

Articles

Andrew Koppelman, Corruption of Religion and the Establishment Clause

Thomas A. Lambert, Dr. Miles is Dead. Now What?: Structuring a Rule of Reason for Evaluating Minimum Resale Price Maintenance

Robert T. Miller, The Economics of Deal Risk: Allocating Risk Through MAC Clauses in Business Combination Agreements

Matthew J. Tokson, The Content/Envelope Distinction in Internet Law

Notes

Aaron C. Garrett, New Theories of Guilt on Appeal in Virginia Criminal Cases

David W. Tyler, Clarifying Departmentalism: How the Framers’ Vision of Judicial and Presidential Review Makes the Case for Deductive Judicial Supremacy

Articles

Alexandra B. Klass, Tort Experiments in the Laboratories of Democracy

Minna J. Kotkin, Diversity and Discrimination: A Look at Complex Bias

Kurt T. Lash, Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction

David L. Schwartz, Courting Specialization: An Empirical Study of Claim Construction Comparing Patent Litigation Before Federal District Courts and the International Trade Commission

Notes

Arpan A. Sura, An End-Run Around the Takings Clause? The Law and Economics of Bivens Actions for Property Rights Abuse

Angela J. Tang, Taking Aim at Tiahrt

Symposium: The Citizen Lawyer

Paul D. Carrington & Roger C. Cramton, Original Sin and Judicial Independence: Providing Accountability for Justices

Lawrence M. Friedman, Some Thoughts about Citizen Lawyers

Robert W. Gordon, The Citizen Lawyer–A Brief History of a Myth with Some Basis in Reality

Bruce A. Green & Russell G. Pearce, “Public Service Must Begin at Home”: The Lawyer as Civics Teacher in Everyday Practice

Sanford Levinson, What Should Citizens (As Participants in a Republican Form of Government) Know About the Constitution?

James E. Moliterno, A Golden Age of Civic Involvement: The Client Centered Disadvantage for Lawyers Acting as Public Officials

W. Taylor Reveley III, The Citizen Lawyer

Deborah L. Rhode, Lawyers as Citizens

Edward Rubin, The Citizen Lawyer and the Administrative State

Mark Tushnet, Citizen as Lawyer, Lawyer as Citizen

Notes

Troy L. Gwartney, Harmonizing the [...]]]>

Paul D. Carrington & Roger C. Cramton, Original Sin and Judicial Independence: Providing Accountability for Justices

Lawrence M. Friedman, Some Thoughts about Citizen Lawyers

Robert W. Gordon, The Citizen Lawyer–A Brief History of a Myth with Some Basis in Reality

Bruce A. Green & Russell G. Pearce, “Public Service Must Begin at Home”: The Lawyer as Civics Teacher in Everyday Practice

Sanford Levinson, What Should Citizens (As Participants in a Republican Form of Government) Know About the Constitution?

James E. Moliterno, A Golden Age of Civic Involvement: The Client Centered Disadvantage for Lawyers Acting as Public Officials

W. Taylor Reveley III, The Citizen Lawyer

Deborah L. Rhode, Lawyers as Citizens

Edward Rubin, The Citizen Lawyer and the Administrative State

Mark Tushnet, Citizen as Lawyer, Lawyer as Citizen

Troy L. Gwartney, Harmonizing the Exclusionary Rights of Patents with Compulsory Licensing

Articles

Daralyn J. Durie & Mark A. Lemley, A Realistic Approach to the Obviousness of Inventions

Aaron Xavier Fellmeth, State Regulation of Sexuality in International Human Rights Law and Theory

Clayton P. Gillette, Can Public Debt Enhance Democracy?

Saikrishna Bangalore Prakash, Imperial and Imperiled: The Curious State of the Executive

Joseph A. Seiner, The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change

Notes

Emily Jane Dodds, I’ll Make You a Deal: How Repeat Informants Are Corrupting the Criminal Justice System and What To Do About It

Articles

Steve P. Calandrillo & Ewa M. Davison, The Dangers of the Digital Millenium Copyright Act: Much Ado About Nothing?

Brannon P. Denning, Reconstructing the Dormant Commerce Clause Doctrine

Gregory C. Sisk, The Continuing Drift of Federal Sovereign Immunity Jurisprudence

Andrew J. Wistrich, Procrastination, Deadlines, and Statutes of Limitation

Notes

Jennifer Gwynne Case, How Wide Should the Actual Innocence Gateway Be? An Attempt to Clarify the Miscarriage of Justice Exception for Federal Habeas Corpus Proceedings

Heather Leigh Stangle, Murderous Madonna: Femininity, Violence, and The Myth of Postpartum Mental Disorder in Cases of Maternal Infanticide and Filicide

Articles

Larry Alexander & Saikrishna B. Prakash, Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering

Colleen V. Chien, Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission

Michael S. Knoll, The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income

Nancy Morawetz, Rethinking Drug Inadmissibility

Giovanna Shay & Christopher Lasch, Initiating a New Constitutional Dialogue: The Increased Importance Under AEDPA of Seeking Certiorari from Judgments of State Courts

Notes

David C. Holman, Death by a Thousand Cases: After Booker, Rita, and Gall, the Guidelines Still Violate the Sixth Amendment

Meghaan Cecilia McElroy, Possession is Nine Tenths of the Law: But Who Really Owns a Church’s Property in the Wake of a Religious Split Within a Hierarchical [...]]]>

Larry Alexander & Saikrishna B. Prakash, Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering

Colleen V. Chien, Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission

Michael S. Knoll, The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income

Nancy Morawetz, Rethinking Drug Inadmissibility

Giovanna Shay & Christopher Lasch, Initiating a New Constitutional Dialogue: The Increased Importance Under AEDPA of Seeking Certiorari from Judgments of State Courts

David C. Holman, Death by a Thousand Cases: After Booker, Rita, and Gall, the Guidelines Still Violate the Sixth Amendment

Meghaan Cecilia McElroy, Possession is Nine Tenths of the Law: But Who Really Owns a Church’s Property in the Wake of a Religious Split Within a Hierarchical Church?

Articles

Owen D. Jones & Sarah F. Brosnan, Law, Biology, and Property: A New Theory of the Endowment Effect

Stephen A. Saltzburg & Daniel J. Capra, The Unrecognized Right of Criminal Defendants to Admit Their Own Pretrial Statements

Jim Hawkins, Renting the Good Life

Timothy J. Holbrook, Extraterritoriality in U.S. Patent Law

Wren Cross Controversy

Gerard V. Bradley, Religion at a Public University

Erwin Chemerinsky, Why Church and State Should Be Separate

Notes

Jocelyn Kempema, Imitation is the Sincerest Form of … Infringement?: Guitar Tabs, Fair Use and the Internet

Bin Wang, All Bark and No Bite: A Modern Evidentiary Argument for the Retirement of the Age-Old Pennsylvania Rule