By Molly Miller. Full text here. When a person or couple elects to use in vitro fertilization to create embryos they often end up with more embryos than they need. Most fertilization clinics now require these people to specify what they want done with the remaining embryos (destruction, storage, donation to science, or donation to others…

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By Ryan Griffin. Full text here. Preliminary injunctions are a frequently sought form of relief in public law litigation. However, federal courts are inconsistent in the tests they employ to grant or deny this relief. Two recent cases, Winter v. Natural Resources Defense Council and Planned Parenthood v. Rounds, highlight a particularly important doctrinal grey area:…

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By Donald P. Judges & Stephen J. Cribari. Full text here. In this invited reply to an article recently published in the Minnesota Law Review, we concentrate on explaining why we do not share that article’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is…

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By Gregory C. Shaffer & Mark A. Pollack. Full text here. Understanding the interaction of international hard and soft law in a fragmented international law system is increasingly important in a world where international regimes are proliferating, but where there is no overarching legal hierarchy. This Article responds to the existing literature on hard and soft…

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By David Fagundes. Full text here. Those who prefer broad intellectual property rights often deploy the rhetoric of physical property. By contrast, those who are concerned about maintaining public entitlements in information resist that rhetoric. In this Article, I take this dichotomy as a starting point for investigating the power of property rhetoric as a tool…

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By Frances H. Foster. Full text here. Comparative law scholars use the term “legal transplant” to refer to the transfer of legal rules, institutions, and norms from one legal system to another. This Article identifies a valuable, previously unrecognized, feature of legal transplants. The transplant process can generate intensive study of the donor legal system by…

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By Michelle M. Harner. Full text here. Corporations are vulnerable to the greed, self-dealing, and conflicts of those in control of the corporation. Courts traditionally regulate these potential abuses by designating the board of directors and senior management as fiduciaries. In some instances, however, shareholders, creditors, or others outside of corporate management influence corporate decisions and,…

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