Nearly 90 percent of the opinions issued by the federal courts of appeal are unpublished and lack precedential effect, and where these cases lay out new legal rules, this phenomenon cannot be reconciled with the Supreme Court’s settled retroactivity...
This comment explores questions regarding declarations of innocence that surface in light of the Pimentel-Lopez opinion holding that the sentencing court is bound by the jury’s factual determination within the special verdict. The comment concludes...
In response to Professor Rutschman’s questioning of the patent system’s preparedness to address the unique challenges posed by outbreak diseases like Ebola and Zika, Professor Lichtman offers a solution of his own: to recognize that, in this...
The article addresses the role of IP in the development of vaccines for outbreak diseases like Ebola and Zika. It concludes that IP inefficiencies result in a lack of “IP preparedness” that weakens our ability to respond to outbreaks. The author...
The article examines crime-free housing ordinances (CHOs) as an outgrowth of the federal one-strike policy and argues that they are significantly more harmful to tenants than the one-strike policy has been. The article suggests that, before adopting...
This Article supplements stagnating class action debates and the traditional law and economics account of class action law with behavioral psychology. It draws on a litany of behavioral tendencies, biases, and pathologies and considers their...