The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system and other industries that routinely provide goods and services to the federal government. Originally designed to police fraud during the Civil War, the FCA has become a general statute to enforce many other complex legal schemes.
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Ameliorative Infringement and Public Interest Damages
Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit some infringed-on brands by (i) increasing exposure to those already interested in such products; (ii) positioning the infringed-on brand as the “authentic” or “original” type of a certain product—thereby allowing the infringed-on product to
Investor Climate Alliances
Climate change causes systemic financial risk, compelling long-term institutional investors to act. Its impacts extend beyond financial harms, aligning institutional investors with socially responsible investors, NGOs, and international organizations that seek to mitigate environmental crises. Addressing climate change requires collaboration among these diverse and transnational actors. But sustained collaboration requires institutional support. Investor climate alliances (ICAs) provide the infrastructure for
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have recognized, the root cause of the ills of our patent system is the high rate of low-quality patents. Extant patent law employs a binary screening process, under which inventions either qualify for protection or fail.
Safe at Home: Reimagining Address Confidentiality
On her fourth attempt to escape, a Michigan survivor hoped that her abuser would not find her this time. But, as in her previous attempts, he was able to locate her new address: In the survivor’s words, “It is so easy to just look up some of that information.” Whether it be through free and easily accessible public records—such
Giving Credit When You Are Due: Tax Credits for Birth Mothers Post-Dobbs
Pregnancy is extremely dangerous for women. Maternal mortality rates are tragically high in the United States, and women of color have the greatest risk of death or other complications during and after pregnancy. Although some legislation aims to provide assistance to women with children—such as the Child Tax Credit and the Earned Income Tax Credit—women who choose to
May She Get Justice: How Coercive Control Statutes Mitigate Religious Abuse in Contested Jewish Divorces
In September 2022, Michelle Hazani won full custody of her children after three years of legal proceedings against her abusive husband, Yaron. Michelle was one of many women who have benefitted from a California statute that creates a presumption against awarding custody to an abusive parent. However, Michelle’s case was unusual in one respect: as evidence that Yaron abused Michelle
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