Spring 2017: Volume 101

Heuristic Interventions in the Study of Intellectual Property

Professor Silbey expands on the work of Professor Burk by elaborating on three of Burk’s central points, while noting that Burk’s work serves as a crucial step in explaining intellectual property as a social practice.

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Truth, Lies, and Power at Work

Professor Estlund discusses Professor Norton’s analysis on the collision of regulating the speech of employers with protecting employees, finding that Norton “makes a persuasive case that relative power should be and sometimes is relevant to the constitutionality of both speech restrictions and compelled disclosure of information.”  

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A New Social Contract: Corporate Personality Theory and the Death of the Firm

In their article The Death of the Firm, June Carbone and Nancy Levit argue that, “the firm as entity is disappearing as a unit of legal analysis.” More specifically, they argue that by dismissing the corporation as a mere legal fiction and equating the rights of this legal fiction with the rights of its owners, […]

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Volume 101 - Issue 3

Note: Copyrighted Laws: Enabling and Preserving Access to Incorporated Private Standards

Traditional laws—statutes, judicial opinions, and regulations—are not eligible for copyright protection. This principle is firmly established in over one hundred years of case law, despite the Copyright Code not expressly addressing the eligibility of laws. This has caused little controversy. In the last few decades, however, federal agencies have increasingly given legal force to privately […]

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De Novo

  • Much Ado About Nothing

    MUCH ADO ABOUT NOTHING: ELIMINATION CHEVRON DEFERENCE WOULD LIKELY HAVE A MINIMAL IMPACT ON SUPREME COURT JURISPRUDENCE By: Jessica Sharpe, Volume 101 Staff Member Neil Gorsuch’s nomination to the Supreme Court was confirmed by the Senate in recent weeks.[1] Throughout his confirmation hearings, his views on Chevron deference[2] sparked controversy.[3] […]

  • Educational Privileges

    EDUCATIONAL PRIVILEGES: A PERPSECTIVE ON U.S. DEPARTMENT OF EDUCATION REGULATIONS BANNING PRE-DISPUTE, MANDATORY ARBITRAITON IN UNIVERSITIES By: Kate Kelzenberg, Volume 101 Staff Member During the Senate confirmation hearing of Supreme Court nominee Neil Gorsuch, Sen. Al Franken (D-Minn.) questioned the nominee on his opinions about arbitration as a form of […]

  • Inaction of Mercy

    INACTION OF MERCY: MINNESOTA’S PARDON PROBLEM By: Devin Driscoll, Volume 101 Staff Member The pardon power of the President[1]—called the “benign prerogative” by Hamilton[2]—has long attracted scholarly attention.[3] The granting of executive commutations and pardons at the federal level had been in steep decline: President Carter granted 563 in his […]

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