Innovating Between and Within Technological Paradigms: A Response to Samuelson

In this Response, Professor Lee builds on Professor Samuelson’s Are Patents on Interfaces Impeding Interoperability? to emphasize that the social costs and benefits of interface patents are highly context-specific. Invoking the concept of “technological paradigms,” Professor Lee argues that strong interface patents can promote significant technological advances in contested industries, but that ex post policy interventions […]

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Speaking of Silence: A Reply to Making Defendants Speak

In this Response, Professors Judges and Cribari concentrate on explaining why they do not share Professor Sampsell-Jones’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is reflected in the article’s proposed rejection of Griffin v. California’s prohibition regarding adverse inferences from the defendant’s assertion […]

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