By Veena Tripathi. Full text here. The United States patent system is designed to reward inventors and patent holders who contribute novel, impactful, and non-obvious work. To maintain this system, Congress authorized damages as a remedy for infringed inventions. Whether compensatory or punitive, the system’s main goal is to prevent the proliferation of unwanted “infringing” behavior.…

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By Saule T. Omarova. Full text here. “Too big to fail”—or “TBTF”—is a popular metaphor for a core dysfunction of today’s financial system: the recurrent pattern of government bailouts of large, systemically important financial institutions. The financial crisis of 2008 made TBTF a household term, a powerful rhetorical device for expressing the widely shared discontent with…

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By Patricia A. McCoy. Full text here. Soon after the 2016 election of Donald Trump as President of the United States, while Republicans controlled Congress, opponents of the fledgling Consumer Financial Protection Bureau (CFPB) opened a campaign against the Bureau. Their target was less the substance of federal consumer financial protection laws than the structure of…

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By Hosea H. Harvey. Full text here. From its inception, the Consumer Financial Protection Bureau (CFPB) has been criticized in the court of public opinion for a host of reasons—mostly focused on the aggressive scope of its supervision, rulemaking, and enforcement actions. During the last several years, however, a new critique has emerged and gained traction—at…

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By Martha Coakley & Alicia Daniel. Full text here. The 2007 home foreclosure crisis drove the United States economy into a tremendous recession. This recession, fueled by increased consumer access to loans and issuances of risky debt, among other factors, spiraled into the 2008 global financial meltdown. State attorneys general (AGs) were the first responders…

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By Jordan Blair Woods. Full text here. In the wake of marriage equality, legal attention is increasingly shifting to resolving conflicts between religious liberty and LGBTQ equality. The current terms of the debate largely center on same-sex marriage, and much less attention is being paid to how religious exemptions affect LGBTQ people in situations that do…

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By Amy Semet. Full text here. How do administrative agencies interpret statutes? This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons of construction and other tools of statutory interpretation to decide cases. Surveying over 7000 cases heard by the National Labor Relations Board (NLRB) from 1993–2016,…

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By Chrystin Ondersma. Full text here. For individuals struggling to make ends meet, an emergency expense or sudden drop in income can be catastrophic. Often credit is the only option available in such emergencies, but taking out credit can worsen an already precarious financial situation—individuals and families may go without food or electricity in order to…

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By Stavros Gadinis and Amelia Miazad. Full text here. Although corporate wrongdoing can reach an immense scale with disastrous ramifications, holding boards accountable has long been perceived as elusive. Under both state fiduciary duty law and federal securities doctrine, directors and officers are liable only if they were aware of corporate failures or reckless in ignoring…

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