“One of These Things Does Not Belong”: Intellectual Property and Collective Action Across Boundaries

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...

On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...

As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts...

A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

The lawyer-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how...

Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. Elenis. According to...

In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently...

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...

The 2022 edition of Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties, edited by Professors Sharon K...

In our last column, we explored different ways of incorporating quotes into legal writing. And although the whole point of quoting is to use another...

Lawyers often have to rely on others’ words — words written by legislatures, courts, or parties to a contract. But improper use or overuse of quotes...

National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected...

It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that...