Patent law is, at its heart, all about the invention. Determining who qualifies as an inventor defines who controls the exclusory right conferred by the patent. The current law of inventorship, which values mental over physical aspects of the creative process, has remained largely unchanged for over a century. Yet, this approach doesn’t work well for a broad swath of
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A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation of the Guidelines: is a guideline-based regime actually preferable, or should we embrace complete judicial discretion in sentencing? For decades, analysts have resorted to hypothetical cases to explore this issue. But a little-known world exists in
AI’s Hippocratic Oath
Diagnosing diseases, creating artwork, offering companionship, analyzing data, and securing our infrastructure—artificial intelligence (“AI”) does it all. But it does not always do it well. AI can be wrong, biased, and manipulative. It has convinced people to commit suicide, starve themselves, arrest innocent people, discriminate based on race, radicalize in support of terrorist causes, and spread misinformation. All without
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm territorialist approach to jurisdiction befitting a geographically spread-out country with many local micro-economies. The more flexible “minimum contacts” test articulated in 1945 by International Shoe v. Washington ushered in a twentieth-century vision responding to increased automotive
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating an Article III Court of Appeals for Immigration (CAI), replacing both the Justice Department’s Board of Immigration Appeals (BIA) and the immigration jurisdiction of the regional circuit courts. For Professor Legomsky, his restructuring would: (1) reduce
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of actors breaks into choreographed song and dance to “Crank That” by Soulja Boy at a high school dance. On May 12, 2022, a federal district judge deemed these scenes and others from the up-and-coming musical, Vape,
Taxing Cultural Endowments
On February 5, 2019, the Museum of Modern Art (MoMA) in New York announced that it had received the largest donation in its ninety-year history: a $200 million gift from the estate of David Rockefeller, the grandson of oil magnate John D. Rockefeller. Rockefeller was a tremendous steward of the MoMA not only at death, but also during his life.
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