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Fla. L. Rev. News

Fla. L. Rev. Forum

Chad Flanders
Further Reflections on the Pardoning Power: Reply to Hoskins and Drinan
Response to Zachary Hoskins, Problematic Pardoning Patterns and Cara H. Drinan, Where Pardons are Concerned, Second Best Might Not Be So Bad After All: A Response to Chad Flanders

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins’s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking. The influence of Drinan’s scholarship on the pardoning power is evident in my original essay and her newer work on the Graham case has again inspired me in new directions in my research. Their comments on my essay are important in their own right, and importantly for me, they have helped to clarify my own thinking. In my brief reply, I begin by restating the main points of the article. I then try to expand on them, building off points made in both responses. 
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Fla. L. Rev. Forum

Camilla A. Hrdy & Ben Picozzi
The Trespass Fallacy’s Limits-A Response to Adam Mossoff
Response to Adam Mossoff, The Trespass Fallacy in Patent Law 

In his engaging new essay, The Trespass Fallacy in Patent Law, Professor Adam Mossoff challenges the reasoning of prominent commentators who criticize the patent system on the basis that patent claims are not as clear and determinate as real property boundaries. Professor Mossoff’s essay reminds us that whether uncertainty in patent law is grounds for concern, let alone systematic reform, depends on our baseline for comparison, and astutely identifies an important weakness in the writings of critics who rely on inaccurate conceptual analogies between patents and land, and an unproven assumption that real property disputes over estate boundaries are rare and efficiently resolved. However, we worry that Professor Mossoff’s conclusion that patent reform should be postponed until all empirical uncertainty is resolved overestimates the significance of the trespass fallacy critique.
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