Volume 65 (2015-2016)

Volume 65, Number 8 – May 2016

Posted on May 17th, 2016

Foreword Patent Exceptionalism with Presidential Advice and Consent James Donald Smith PDF Articles Administrative Power in the Era of Patent Stare Decisis Stuart Minor Benjamin & Arti K. Rai PDF The elaborate adjudicatory proceedings set up by the America Invents Act of 2011 (AIA) have thrust the U.S. Patent and Trademark Office (PTO) squarely into Continue Reading »

Volume 65, Number 7 – April 2016

Posted on April 4th, 2016

Articles Joint and Several Jurisdiction Scott Dodson & Philip A. Pucillo PDF Is federal diversity jurisdiction case specific or claim specific? The complete-diversity rule makes clear that, when a diversity defect is noted in a putative diversity action, the court lacks subject-matter jurisdiction over that action as a whole. But does the court’s jurisdiction nevertheless Continue Reading »

Volume 65, Number 6 – March 2016

Posted on March 14th, 2016

Articles In Defense of the Equal Sovereignty Principle Thomas B. Colby PDF The Supreme Court of the United States based its landmark decision in Shelby County v. Holder on the proposition that the Constitution contains “a fundamental principle of equal sovereignty among the States.” For the central holding of a blockbuster constitutional case, that assertion Continue Reading »

Volume 65, Number 5 – February 2016

Posted on February 18th, 2016

Articles Class Action Myopia Maureen Carroll PDF Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief. This Article argues that the myopic focus on the Continue Reading »

Volume 65, Number 4 – January 2016

Posted on January 11th, 2016

Articles How Courts Adjudicate Patent Definiteness and Disclosure John R. Allison & Lisa Larrimore Ouellette PDF Section 112 of the Patent Act requires patentees to clearly explain what their invention is (a requirement known as claim definiteness), as well as how to make and use it (the disclosure requirements of enablement and written description). Many Continue Reading »

Volume 65, Number 3 – December 2015

Posted on December 15th, 2015

Articles Privacy as a Public Good Joshua A.T. Fairfield & Christoph Engel PDF Privacy is commonly studied as a private good: my personal data is mine to protect and control, and yours is yours. This conception of privacy misses an important component of the policy problem. An individual who is careless with data exposes not Continue Reading »

Volume 65, Number 2 – November 2015

Posted on November 11th, 2015

Articles The New Stock Market: Sense and Nonsense Merritt B. Fox, Lawrence R. Glosten & Gabriel V. Rauterberg PDF How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty Continue Reading »

Volume 65, Number 1 – October 2015

Posted on October 20th, 2015

Articles Judicial Independence and the Rationing of Constitutional Remedies Aziz Z. Huq PDF This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. First, a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants Continue Reading »