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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 […]

Judicial Impartiality in a Partisan Era

Written by: Cassandra Burke Robertson

Abstract Judicial legitimacy rests on the perception of judicial impartiality. As a partisan gulf widens among the American public, however, there is a growing skepticism of the judiciary’s neutrality on politically sensitive topics. Hardening partisan identities mean that there is less middle ground on political issues and less cooperation among those with differing political views. […]

Desirable Inefficiency

Written by: Paul Ohm & Jonathan Frankle

Abstract Computer scientists have recently begun designing systems that appear, at least at first glance, to be surprisingly, wastefully inefficient. A stock exchange forces all electronic trades to travel through a thirty-eight mile length of fiber-optic cable coiled up in a box; the Bitcoin protocol compels participants to solve difficult yet useless math problems with […]

Digitizing the Schoolhouse Gate: Protecting Students’ Off-Campus Cyberspeech by Switching the Safety on Tinker’s Trigger

Written by: Joshua Rieger

Abstract Secondary-school students regularly engage in cyberspeech both inside and outside the schoolhouse gate. Internet-era forms of communication allow these students to produce off-campus cyberspeech that can easily be accessed or brought onto campus by other students or faculty. As early as the 1990s, public-school administrations began punishing students for off-campus cyberspeech, accessed or brought […]

“Go Sue Yourself!” Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms

Written by: Lars Noah

Abstract Are “self-inflicted” harms actionable? Courts increasingly have allowed victims to identify other (typically unrelated) parties that may share responsibility for such injuries. Moreover, insofar as judges now also permit lawsuits against closely related parties, they arguably have expanded what it means for a harm to qualify as self-inflicted. Taking these various doctrinal developments to […]