Print Issue Volume 98 - No. 3

Crowdsourcing Clinical Trials

Pharmaceutical approval today suffers from a serious ethical flaw: newly FDA-approved drugs are de facto “tested” on an unknowing general public in the months and years immediately following drug approval, without either the informed consent of the consuming public or an understanding by the public of the risks that remain. This post-approval human “testing” occurs […]

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Speech Engines

Academic and regulatory debates about Google are dominated by two opposing theories of what search engines are and how law should treat them. Some describe search engines as passive, neutral conduits for websites’ speech; others describe them as active, opinionated editors: speakers in their own right. The conduit and editor theories give dramatically different policy […]

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Beyond One Voice

The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice […]

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Making Patents Useful

It is axiomatic in patent law that an invention must be useful. The utility requirement has been a part of the statutory scheme since the Patent Act of 1790. But what does it mean to be useful? The abstract and imprecise nature of the term combined with the lack of objective criteria for assessing it […]

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Particulars of Particularity: Alleging Scienter and the Proper Application of Rule 9(b) to Duty-Based Misrepresentations

Claims of negligent misrepresentation and fraud by omission are generally held to be derivatives of fraud. The appropriate pleading standard for fraud is clearly governed by Federal Rule of Civil Procedure 9(b)—fraud claims must be alleged with particularity. However, the circuits are divided when it comes to the proper pleading standard for negligent misrepresentation and […]

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Recognition of Civil Unions and Domestic Partnerships as Marriages in Same-Sex Marriage States

There is currently a patchwork of laws governing same-sex relationships across the United States. Some states issue marriage licenses, while some states have civil unions, domestic partnerships, or other forms of legal recognition. When couples with alternate forms of legal recognition relocate from the issuing state their new state has to decide whether and how […]

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A Step in the Right Direction: Patent Damages and the Elimination of the Entire Market Value Rule

This Note argues that the entire market value rule is an obsolete conception because it can award companies for value they did not create. Accordingly, the rule should be abandoned entirely and replaced with reasonable royalty calculations that focus on past licensing agreements if they are available.

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De Novo

  • What the Tax Bill Means for Students

    WHAT THE “TAX CUTS AND JOBS ACT” MEANS FOR STUDENTS: DO WE WANT INCENTIVES OR SIMPLIFICATION? By: Melanie Pulles Benson, Volume 102 Staff Member The new House tax reform bill, the “Tax Cuts and Jobs Act” (“Act”), significantly departs from the current tax code.[1] The Act alters the tax brackets, […]

  • Losing Bigly

    LOSING BIGLY: HOW THE ACLU’S COMPLAINT FORCED THE U.S. GOVERNMENT TO RELEASE ROSA MARIA By: David Racine, Volume 102 Staff Member On October 25, 2017, U.S. Customs and Border Protection (CBP) detained Rosa Maria Hernandez, a ten-year-old child with cerebral palsy who was recovering from an emergency surgery she endured […]

  • Silent and Ambiguous

    SILENT AND AMBIGUOUS: THE SUPREME COURT DODGES CHEVRON AND LENITY IN ESQUIVEL-QUINTANA V. SESSIONS By: David Hahn, Volume 102 Staff Member[1] Twenty-year-old Juan Esquivel-Quintana—a lawful permanent resident from Mexico—had consensual sex with his sixteen-year-old girlfriend.[2] This violated California’s statutory rape statute,[3] and he pled no contest in state court.[4] The […]


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