Print Issue Volume 101 - Issue 1

Knowledge Goods and Nation-States

The conventional economic justification for global IP treaties begins from the premise that nation-states, if left to their own devices, will rationally underinvest in innovation incentives such as IP laws, grants, tax credits, and prizes (the “underinvestment hypothesis”). Under this account, nation-states will free-ride on each other’s knowledge production unless they find some solution to […]

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The Law of the Platform

New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas […]

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Truth and Lies in the Workplace: Employer Speech and the First Amendment

Employers’ lies, misrepresentations, and nondisclosures about workers’ legal rights and other working conditions can skew and sometimes even coerce workers’ important life decisions as well as frustrate key workplace protections. Federal, state, and local governments have long sought to address these substantial harms by prohibiting employers from misrepresenting workers’ rights or other working conditions, as […]

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Federalism and Moral Disagreement

States form federalist unions when they want to align for economic or security reasons in spite of fundamental moral disagreements. By decentralizing policy-making authority, federalism allows such states to enjoy the benefits of union without being made to live under laws their citizens find immoral. But such federalist compromises are frequently unstable, because one part […]

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Note: Address Confidentiality and Real Property Records: Safeguarding Interests in Land While Protecting Battered Women

Over thirty states have instituted address confidentiality programs to protect victims of sexual assault, domestic abuse, stalking, and other crimes from perpetrators who try to track them through public records. The protections states offer vary widely. Minnesota has applied its address confidentiality program more broadly than any other state, extending the program’s protections to include […]

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The Missing Pieces of Geoengineering Research Governance

Proposals to govern geoengineering research have focused heavily on the physical risks associated with individual research projects, and to a somewhat lesser degree on fostering public trust. While these concerns are critical, they are not the only concerns that research governance should address. Generally overlooked, and more difficult to address, are the systemic concerns geoengineering […]

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The Moral Psychology of Copyright Infringement

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no financial harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-pecuniary harms tend to stifle rather than encourage creative […]

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Of Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients

In its broadest sense, this Article challenges the lack of legally enforceable rights available to individuals in United States Immigration and Customs Enforcement (ICE) custody. More specifically, this Article examines ICE’s widespread practice of secluding immigration detainees for lengthy periods of time for purported administrative, disciplinary, or protective reasons. Although seclusion has a profoundly negative […]

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Public Enforcement Compensation and Private Rights

Government enforcement actions have returned tens of billions of dollars to consumers, investors and employees. This “public enforcement compensation” is important to effective civil law enforcement, yet it is poorly understood and increasingly criticized. Recent scholarship asserts that public compensation mimics class action recoveries and raises the same concerns of accountability to recipients of relief. This […]

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No Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror

Since the founding of our nation, the executive, judicial, and legislative branches of government have struggled with maintaining an appropriate balance between gathering intelligence for national security purposes and protecting the civil liberties of United States citizens. This difficulty is compounded by the uniquely challenging separation of powers issues national security problems present. In 1978, […]

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