LATEST SCHOLARSHIP

Was the Disparate Impact Theory a Mistake?

The disparate impact theory long has been viewed as one of the most important and controversial developments in antidiscrimination law. In this Article, Professor Selmi assesses the theory’s legacy and challenges much of the conventional wisdom...

A Semiotic Solution to the Propertization Problem of Trademark

It is generally agreed that the role of trademark protection is to ensure that consumers can efficiently identify and purchase a particular company’s product. However, the scope of this protection is highly contested. The recent emergence and...