In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror

Emergency-room personnel are acutely aware of the serious risks posed by excessive delay. Understanding the need for immediate and unhesitating action, they nevertheless routinely consume precious time to follow protocols drilled into them and practiced in advance. Why do they do this? They do it, quite obviously, to minimize the risk of making fatal but […]

Against Moral Rights

This Article attacks the foundations of moral rights scholarship, law, and theory. The author focuses on the moral right of “integrity,” called “the heart of the moral rights doctrine,” which allows an artist to prevent modification, and in some cases, destruction of his art work. Her argument is that moral rights actually endanger art in […]

Enterprise Liability: Reviewing and Revitalizing Liability for Corporate Groups

This Comment explores enterprise liability as it applies to corporate groups. It argues that the doctrine of limited liability, which shields a corporation’s shareholders from the corporation’s debts, is problematic from both a normative and an efficiency perspective when applied to the parent/subsidiary context, and in particular to preventing parent liability for a subsidiary’s mass […]

The Federal Courts as a Franchise: Rethinking the Justifications for Federal Question Jurisdiction

This article provides a critical analysis of the view, dominant among courts and scholars, that the lower federal courts’ jurisdiction to adjudicate cases involving questions of federal law can be justified on the ground that federal judges are more likely than their state court counterparts to provide evenhanded, uniform, expert adjudication of federal law. It […]

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 […]

Critical Inquiry: A Tool for Protecting the Dissident Professor’s Academic Freedom

This comment concerns the Sixth Amendment Confrontation Clause and seeks to justify why courts consistently find an autopsy report not subject to the right to confrontation under the new test created by the Supreme Court in Crawford v. Washington. The current test turns on a statement’s classification as “testimonial”; testimonial statements require confrontation, but non- […]

The Myth of International Delegation

There is a growing and misinformed sense in some quarters that the United States and other countries have engaged (and continue to engage) in delegations to international institution that involve a significant threat to domestic sovereignty. Concerns about such delegations come from academics (John Yoo: “Novel forms of international cooperation increasingly call for the transfer […]

Learning from the Recent Interpretation of INA Section 245(a): Factors to Consider When Interpreting Immigration Law

In 1994, Congress passed the Violence Against Women Act (VAWA 1994). VAWA 1994 established the self-petitioning process, which permits undocumented battered victims to adjust their immigration status to Legal Permanent Residents (“LPRs”) in the United States without the aid or knowledge of the abusive spouse. In VAWA 2000, Congress added certain abused immigrants to those […]