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A U.S.–Mexican Law School for Deportees: A Response to Amy Kimpel

Written by: Richard Delgado

Abstract Response to Amy Kimpel, Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative In a recent article in the print version of this Review, Professor Amy Kimpel points out that the United States annually deports hundreds of thousands of unauthorized immigrants, most of them to Mexico, at great cost to the […]

A View of Copyright from the Digital Ground

Andres Sawicki

Abstract Response to Cathay Y. N. Smith, Beware the Slender Man: Intellectual Property and Internet Folklore Professor Cathay Smith’s Beware the Slender Man: Intellectual Property and Internet Folklore seems at first to fit comfortably within the creativity-without-IP literature, which shows that creative practices can thrive outside of the institutions built up around intellectual property law. […]

Regulation and the Marginalist Revolution

Herbert Hovenkamp

Abstract The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. For the classical political economists, value was a function of past averages. Marginalism substituted forward looking theories based on expectations about firm and market performance. Marginalism swept through university economics, and by 1920 or so virtually every […]

Staking the Boundaries of Software Copyrights in the Shadow of Patents

Pamela Samuelson

Abstract Ever since the venerable Supreme Court opinion in Baker v. Selden, courts and commentators have overwhelmingly endorsed the rule that copyright and utility patent protections for intellectual creations are mutually exclusive. That is, an intellectual creation may be eligible for copyright or utility patent protection, but not both. Original works of authorship are channeled […]

The Skeleton in the Hard Drive: Encryption and the Fifth Amendment

Written by: David W. Opderbeck

Abstract In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decision-making in this area. This Article closely […]

Speech Narcissism

Written by: Terri R. Day & Danielle Weatherby

Abstract From its embryonic stage during the civil rights era to its modern-day presence on college campuses, the political correctness movement has undergone an extreme metamorphosis. In the university setting, it was originally intended to welcome diverse views by encouraging minority students to feel part of the learning environment and to contribute to the “marketplace […]