As the real policymakers of criminal justice, prosecutors and other criminal justice professionals resolve many of the complex debates about justice in sentencing by deciding what charges to file, what plea bargains to strike, and what sentences to recommend. But they make those value-laden decisions out of sight, with little public input into or oversight [...]

Many rules of patent law rest on a false premise about their target audience. Rules of patentability purport to provide subtle incentives to innovators. However, innovators typically encounter these rules only indirectly, through intermediaries such as lawyers, venture capitalists, managers, and others. Rules of patent scope strive to provide notice of the boundaries of the [...]

In Morrison v. National Australia Bank Ltd., the U.S. Supreme Court in 2010 held that U.S. securities laws apply only to securities transactions within the United States. The transactional test in Morrison could be relatively short lived because it is rooted in geography. For cases involving private securities transactions in which geographic determinants of a [...]

Many people and businesses in the United States will receive market and nonmarket benefits from climate change as it moves forward over the next one hundred years. Speaking of climate change benefits is not for polite “green” conversation, but ignoring them—as climate policy dialogue and legal scholarship consistently have—will not make them go away. It [...]

In the past seven years, the D.C. Circuit has vacated three Securities and Exchange Commission (SEC) rules for failing to conduct an adequate cost-benefit analysis. This string of cases culminated on July 11, 2011 when the D.C. Circuit overturned the SEC’s new proxy access rule. Strict judicial scrutiny of SEC cost-benefit analysis aggravates the strain [...]

A growing number of employers are factoring job candidates’ social media profiles into their hiring decisions. Employers value social media pre-employment screening because it provides access to previously unobtainable applicant information. However, job candidates are wary of social media pre-employment screening due to concerns over the trustworthiness and authenticity of information obtained from the Internet. [...]

Fourth Amendment jurisprudence confounds. Even with thousands of cases and hundreds of repeated fact patterns to rely on, courts are not able to come up with consistent rules. In order to address the problem, this Note proposes a new way of thinking about warrantless searches. It ignores the debate over substantive Fourth Amendment law, and [...]