An Estoppel Doctrine for Patented Standards

Technical standards, such as interface protocols or file formats, are extremely important in the “network industries” that add so much value to the world economy today. Under some circumstances, the assertion of patent rights against established industry standards can seriously disrupt these network industries. We have in mind two particularly disruptive tactics: (1) the “snake […]

Keeping Imports Safe: A Proposal for Discriminatory Regulation of International Trade

The benefits of overseas outsourcing have come at a cost. Americans enjoy unprecedented levels of safety and security in the domestically-produced goods they use, food and drugs they ingest, and services they employ. Yet as U.S. firms increase the efficiency of their production, become more competitive globally, and offer better price-quality combinations to their customers […]

Virginity Testing and South Africa’s HIV/AIDS Crisis: Beyond Rights Universalism and Cultural Relativism Toward Health Capabilities

In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African […]

Mourning Miranda

The article presents new field research about police interrogation tactics and training and discusses that research in light of recent social science literature and judicial decisions. Professor Weisselberg argues that the safeguards of Miranda v. Arizona have become ineffective””not because police are deliberately disobeying Miranda, but because officers have learned how to take advantage of […]