THE CIRCUIT
CURRENT CONTENT

A Second Shot at Proving Murder: Sacrificing Double Jeopardy for Rigid Formalism in Blueford v. Arkansas

03 Sep 2013 11:37pm Jalem Peguero 

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

26 Aug 2013 06:09pm Ioana Tchoukleva 

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 Gross Confusion Deep in the Heart of University of Texas Southwest Medical Center v. Nassar

10 Jun 2013 06:14pm Brian S. Clarke 

In this essay, Professor Brian Clarke examines the Supreme Court's various articulations of the proper standard for determining causation in employment discrimination cases. Professor Clarke then proposes a novel solution that the Court should adopt in its opinion in University of Texas Southwest Medical Center v. Nassar, in order to resolve its past ambiguous formulations and to bring clarity to this area of law.     

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