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Trade Secret and Human Freedom
Madhavi Sunder
Patents and the University
Peter Lee
Ignoring the Court's Order: The Automatic Stay in Immigration Detention Cases
Raha Jorjani
Wading into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California
David L. Faigman, Edward J. Imwinkelried
Rebalancing Public and Private in the Law of Mortgage Transfer
John P. Hunt, Richard Stanton, Nancy Wallace
Are Ballot Titles Biased? Partisanship in California's Supervision of Direct Democracy
Christopher S. Elmendorf, Douglas M. Spencer
Protecting the Religious Liberty of Religious Institutions
Alan E. Brownstein
Anatomy of a Modern Day Lynching: The Relationship between Hate Crimes Against Latina/os and the Debate over Immigration Reform
Kevin R. Johnson and Joanna Cuevas Ingram
Liberty's Refuge or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Ashutosh Avinash Bhagwat
Section 5 of the Voting Rights Act and the 'Aggregate Powers' of Congress over Elections
Gabriel J. Chin
Does Geoengineering Present a Moral Hazard?
Albert Lin
The Gordian Knot of the Treatment of Secondhand Facts Under Federal Rule of Evidence 703 Governing the Admissibility of Expert Opinions: Another Conflict between Logic and Law
Edward J. Imwinkelried
Structural Racism, Workplace Discrimination, and the United States Supreme Court, 1971-1989
William M. Wiecek and Judy Hamilton
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
Gabriel J. Chin
Testation and Speech
David Horton
Protecting the Attorney-Client Privilege in Business Negotiations: Would the Application of the Subject-Matter Waiver Doctrine Really Drive Attorneys from the Bargaining Table?
Edward J. Imwinkelried
Judicial Remands of Immigration Cases: Lessons in Administrative Discretion from INS v. Cardoza-Fonseca
Kevin R. Johnson and Serena Faye Salinas
Abortion, Contraception and the ACA: The Realignment of Women’s Health
Lisa Chiyemi Ikemoto
A Shareholders’ Put Option: Counteracting the Acquirer Overpayment Problem
Afra Afsharipour
The Good, the Bad, and the Ugly
Lisa R. Pruitt
Justice Kennedy's Free Speech Jurisprudence: A Quantitative and Qualitative Analysis
Ashutosh Avinash Bhagwat and Matthew Struhar
Immigration and Civil Rights: Is the 'New' Birmingham the Same as the 'Old' Birmingham?
Kevin R. Johnson
The Epistemological Trend in the Evolution of the Law of Expert Testimony: A Scrutiny at Once Broader, Narrower, and Deeper
Edward J. Imwinkelried
Is Honesty the Best (Judicial) Policy in Affirmative Action Cases? Fisher v. University of Texas Gives the Court (Yet) Another Chance to Say Yes
Vikram D. Amar
An Issue of Life or Death
Madhavi Sunder
Introduction: Culture and Freedom
Madhavi Sunder
Facebookistan
Anupam Chander
Liberty's Refuge or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Ashutosh Avinash Bhagwat
The 'Ethical' Surplus of the War on Illegal Immigration
Leticia M. Saucedo; Francis Joseph Mootz III
The Need for Truly Systemic Analysis of Proposals for the Reform of Both Pretrial Practice and Evidentiary Rules: The Role of the Law of Unintended Consequences in 'Litigation' Reform
Edward J. Imwinkelried
The Fake Third Rail of Tax Reform
Dennis J. Ventry Jr.
Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader
Peter Lee
CEDAW and Rural Development: Empowering Women with Law from the Top Down, Activism from the Bottom Up
Lisa R. Pruitt, Marta R. Vanegas
What If Chief Justice Fred Vinson Had Not Died of a Heart Attack in 1953?: Implications for Brown and Beyond
Carlton F.W. Larson
Informing Consent: Voter Ignorance, Political Parties, and Election Law
Christopher S. Elmendorf, David Schleicher
Sorrell v. IMS Health: Details, Detailing, and the Death of Privacy
Ashutosh Avinash Bhagwat
Sweet Home Alabama? Immigration and Civil Rights in the 'New' South
Kevin R. Johnson
The Golden Anniversary of the 'Preliminary Study of the Advisability and Feasibility of Developing Uniform Rules of Evidence for the Federal Courts': Mission Accomplished?
Edward J. Imwinkelried
The Case for Reforming Presidential Elections by Subconstitutional Means: The Electoral College, the National Popular Vote Compact, and Congressional Power
Vikram D. Amar
Reflections on the Doctrinal and Big-Picture Issues Raised by the Constitutional Challenges to the Patient Protection and Affordable Care Act (Obamacare)
Vikram D. Amar
The Validity of the 2010 Federal Rule of Civil Procedure 26 Amendment Governing the Waiver of Work Product Protection: Is the Work Product Doctrine an Evidentiary Privilege?
Edward J. Imwinkelried
Details: Specific Facts and the First Amendment
Ashutosh Avinash Bhagwat
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process
Gabriel J. Chin
Judge Michael Daly Hawkins, the Jury System, and American Democracy
Carlton F. W. Larson
Jasmine Revolutions
Anupam Chander
Americans Don’t Hate Taxes, They Hate Paying Taxes
Dennis J. Ventry Jr.
Searching for Harm: Same-Sex Marriage and the Well-Being of Children
Courtney G. Joslin
A Contrarian View of Copyright: Hip-Hop, Sampling, and Semiotic Democracy
Thomas Wuil Joo
Law Firm Risk Management in an Era of Breakups and Lawyer Mobility: Limitations and Opportunities
Robert W. Hillman
The Forgotten Constituency? Law School Deans and Students
Kevin R. Johnson
Revitalizing Section 2
Christopher S. Elmendorf
The Religion Clauses as Mutually Reinforcing Mandates: Why the Arguments for Rigorously Enforcing the Free Exercise Clause and Establishment Clause are Stronger When Both Clauses are Taken Seriously
Alan E. Brownstein
A Brief Overview of Corporate Governance Reforms in India
Afra Afsharipour
The End of the Era of Proxies
Edward J. Imwinkelried
The Geography of the Class Culture Wars
Lisa R. Pruitt
Deconstructing CEDAW’s Article 14: Naming and Explaining Rural Difference
Lisa R. Pruitt
Border-Crossing Stories and Masculinities
Leticia M. Saucedo
The Accession Insight and Patent Infringement Remedies
Peter Lee
Substantive Claim Construction as a Patent Scope Lever
Peter Lee
Human Rights and Development for India’s Rural Remnant: A Capabilities-Based Assessment
Lisa R. Pruitt
The Importance of Student and Faculty Diversity at Law Schools: One Dean’s Perspective
Kevin R. Johnson
Book Review: Quest for Equality: The Failed Promise of Black-Brown Solidarity
Kevin R. Johnson
Naming Baby: The Constitutional Dimensions of Parental Naming Rights
Carlton F. W. Larson
Bollywood/Hollywood
Madhavi Sunder
The Dangerous Trend Blurring the Distinction between a Reasonable Expectation of Confidentiality in Privilege Law and a Reasonable Expectation of Privacy in Fourth Amendment Jurisprudence
Edward J. Imwinkelried
Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry
Alan E. Brownstein
Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry
Alan E. Brownstein
Pictures within Pictures
Keith Aoki
The Dangerous Trend Blurring the Distinction between a Reasonable Expectation of Confidentiality in Privilege Law and a Reasonable Expectation of Privacy in Fourth Amendment Jurisprudence
Edward J. Imwinkelried
Reviewing Associational Freedom Claims in a Limited Public Forum: An Extension of the Distinction between Debate Dampening and Debate Distorting State Action
Alan Brownstein and Vikram Amar
Welcome to Amerizona - Immigrants Out!: Assessing “Dystopian Dreams” and “Usable Futures” of Immigration Reform, and Considering Whether “Immigration Regionalism” is an Idea Whose Time Has Come
Keith Aoki
A Case Study of Color-Blindness: the Racially Disparate Impacts of Arizona’s SB 1070 and the Failure of Comprehensive Immigration Reform
Kevin R. Johnson
Serendipitous Timing: The Coincidental Emergence of the New Brain Science and the Advent of an Epistemological Approach to Determining the Admissibility of Expert Testimony
Edward J. Imwinkelried
Protecting Children (?): Marriage, Gender, and Assisted Reproductive Technology
Courtney G. Joslin
Intuit’s Nine Lies Kill State E-Filing Programs and Keep ‘Free’ File Alive
Dennis J. Ventry Jr.
Too Close to Home: Disallowing the Charitable Deduction for Transfers that Benefit Donors and Their Family, Friends and Neighbors
Shannon Weeks McCormack
Technology Assessment 2.0: Revamping Our Approach to Emerging Technologies
Albert Lin
The Admissibility of Prosecution Evidence that the Defense Had the Opportunity to Retest the Physical Evidence that Was Analyzed by a Government Expert
Edward J. Imwinkelried, Rockne P. Harmon
Portraits of Women at Nuremberg
Diane Marie Amann
The Promise and Challenges of India's Corporate Governance Reforms
Afra Afsharipour
Critical Corporate Law, Colorblind Constitutional Law
Anupam Chander
Recent Developments in Federal Income Taxation: The Year 2009
Daniel L. Simmons, Ira B. Shepard, Martin J. McMahon, Jr.
Charitable Waste: Consideration of a 'Waste Not, Want Not' Tax
Evelyn A. Lewis
Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines
Courtney G. Joslin
Googling Freedom
Anupam Chander
Justice Deserts: Spatial Inequality and Local Funding of Indigent Defense
Lisa R. Pruitt and Beth A. Colgan
The Application of the Attorney-Client Privilege to Interactions Among Clients, Attorneys, and Experts in the Age of Consultants: The Need for a More Precise, Fundamental Analysis
Edward Imwinkelried and Andrew Amoroso
John Paul Stevens and Equally Impartial Government
Diane Marie Amann
Review of 'Intellectual Property and Theories of Justice'
Madhavi Sunder
Global Warming and the Management-Centered Corporation
Thomas Joo
Theories and Models of Corporate Governance
Thomas Joo
Clearing Credit Default Swaps: A Case Study in Global Legal Convergence
Anupam Chander and Randall Costa
3/22/2010
Integrating the Financial Crisis in the Business Associations Course: Benefits and Pitfalls
Afra Afsharipour
Transforming the Allocation of Deal Risk Through Reverse Termination Fees
Afra Afsharipour
How You Gonna‘ Keep Her Down on the Farm . . .
Lisa R. Pruitt
Patent Law and the Two Cultures
Peter Lee
Legal Regulation of Pregnancy and Childbirth
Courtney G. Joslin
Ten Guiding Principles for Truly Comprehensive Immigration Reform: A Blueprint
Kevin R. Johnson
Canine DNA
Edward J. Imwinkelreid
International Trade and Internet Freedom
Anupam Chander
The Accidental Deduction: A History and Critique of the Tax Subsidy for Mortgage Interest
Dennis J. Ventry Jr.
The Evolution of the American Family
Courtney G. Joslin
The Second Coming of Res Gestae: A Procedural Approach to Untangling the 'Inextricably Intertwined' Theory for Admitting Evidence of an Accused’s Uncharged Misconduct
Edward J. Imwinkelreid
Institutional Racism, ICE Raids, and Immigration Reform
Bill Ong Hing
Empirical Legitimacy and Election Law
Christopher S. Elmendorf
Narrative, Myth and Morality in Corporate Legal Theory
Thomas Joo
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What Does the Pew Research Center’s Recent Survey Showing an Historically Low Favorability Rating of the Supreme Court Tell Us? >>
May 10, 2012
Madhavi Sunder's Important New Book Now Available for Pre-Order
Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book M
adhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in a global Knowledge economy. This book turns to social and cultural theory to more fully explore the deep connections between cultural production and human freedom.
Should be available on May 21, 2012--Order
here
.
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