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 

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.     

Drone Federalism: Civilian Drones and the Things They Carry

24 May 2013 02:48pm Margot E. Kaminski 

The regulation of domestic drone use has been the subject of much media attention.  In addition to how much domestic drones should be regulated, scholars and policymakers are debating a more complex question, which is who should regulate drones. In this Essay, Margot Kaminski, Executive Director of the Yale Information Society Project,  suggests that civilian drone use should be regulated by states rather than the federal government. She argues that because civilian drone use implicates privacy issues that states have previously regulated through statutes and common-law torts, and because there is a tension between privacy and First Amendment concerns that states will navigate better than the federal government, state law should - at least for now - be the primary means of governing civilian drone overflights.    

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