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Everything Is Obvious

Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the standard of the “person skilled in the art” used to judge “obviousness” for patentability should be a person using an inventive...

Invoking Federal Common Law Defenses in Immigration Cases

This article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed by...

Private Accountability in the Age of Artificial Intelligence

This article explores the impending conflict between the protection of civil rights and trade secrecy in an age of big data, as exemplified by a number of recent cases involving algorithmic bias and discrimination. In a world where the activities of...

Accountability in the Deep State

The story behind the resignation of Joel Clement—the head of the U.S. Interior Department’s Office of Policy Analysis—provides a window into the relationship between the political leadership and the civil service at the Interior Department in the...