Children Are Different: Bridging the Gap Between Rhetoric and Reality Post Miller v. Alabama

26 Aug 2013 06:09pm Ioana Tchoukleva 

Current CLR member Ioana Tchoukleva examines the Supreme Court's decision in Miller v. Alabama, which prohibited mandatory sentences of life without parole for juvenile homicide offenders under the Eighth Amendment, and discusses the implications of the Court's holding on the future of juvenile rights. 

This case note is one of seven written by California Law Review members for Circuit's first case note program.

Make the Patent "Polluters" Pay: Using Pigovian Fees to Curb Patent Abuse

24 Aug 2013 08:06pm James Bessen & Brian J. Love 

In the wake of several proposed patent reform bills, James Bessen and Professor Brian Love introduce an unconventional approach to discouraging so-called "patent trolls": levying a Pigovian tax on patent holders by increasing maintenance fees for older patents.  The pair argue that establishing a tiered fee structure for registering patents will reduce the incentives that companies have to hold older patents for the mere sake of bringing infringement claims, and will thus curb patent abuse, all while encouraging new entrepreneurs to bring novel products to the market.

The California Law Review is the preeminent legal publication at the UC Berkeley School of Law.
Founded in 1912, CLR publishes six times per year on a variety of engaging topics in legal scholarship.
The law review is edited and published entirely by students at Berkeley Law.