Asked to comment on a collective discussion paper by Jennifer L. Mnookin et al., this Commentary identifies difficulties the authors encountered in defining or agreeing on the subject matter “forensic science” and its perceived deficiencies. They...
The National Academy of Sciences’ call for change in forensic sciences will not be successful until lawyers fairly bring these standards to the attention of the courts, and the judges, both district and appellate, rigorously enforce them.
A number of articles written over the past two years have addressed the need to strengthen forensic science, not only in the United States but internationally. Most have focused on the National Research Council of the National Academy of Sciences’...
This Comment addresses the threat posed to the bankruptcy process by creditors whose true economic incentives are not aligned with their disclosed claims. Under current bankruptcy law, these so-called “empty creditors” may actively participate in...
A crisis point is emerging at the nexus of patent law and economics. Patent rights are designed to serve as an incentive to invest in innovation. However, notoriously high litigation costs, a proliferation of invalid patents in the marketplace, and...
This Essay responds to an article by Jonathan Zasloff previously published in the UCLA Law Review in which he suggests that plaintiffs filing nuisance actions to address climate change should seek damages rather than injunctive relief and calculate...