Churn

ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has fruitfully explored the impact of exclusive rights on individual acts of invention, this Article explores patent law’s underappreciated contributions to evolutionary economic change. It argues that patents promote churn—a continual processContinue reading “Churn”

Crime and the Mythology of Police

ABSTRACT The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principle emanating from these theoretical critiques is that the mistrust ofContinue reading “Crime and the Mythology of Police”

The Contingent Origins of Financial Legislation

ABSTRACT Courts and scholars often view major financial legislation warily. One popular theory holds that Congress only legislates in this area when pushed by opportunistic activists in response to crises that neither activists nor legislators fully understand. Another account contends that financial legislation is the well-designed product of deeply entrenched special interest groups that control the processContinue reading “The Contingent Origins of Financial Legislation”

Corporate Purpose and Corporate Competition

ABSTRACT The large American corporation faces ever-rising pressure to pursue a purpose beyond shareholder profit. This rising pressure interacts with sharp changes in industrial organization in a way that has not been comprehensively analyzed and is generally ignored. It is not just purpose pressure that is rising: firms’ capacity to accommodate that pressure for aContinue reading “Corporate Purpose and Corporate Competition”

Laws and Taxes and Big Tech, Oh My! The Case for a Federal Excise Tax on Targeted Digital Advertisements Created by Use of Personally Identifiable Data

Introduction Though there is no overt subscription fee for using “free” online platforms like Facebook, it is well established there is a hidden, continuous cost: the exchange of personally identifiable information (PII) for platform use.[1] Platforms that collect PII—the best known of which include Google and Facebook—make much of their revenue by selling digital advertisementsContinue reading “Laws and Taxes and Big Tech, Oh My! The Case for a Federal Excise Tax on Targeted Digital Advertisements Created by Use of Personally Identifiable Data”

An Anti-Conspiracy Theory: How Antitrust Law is Eroding The Constitutional Rights Protection Set Forth In § 1985(3) and § 1983

Introduction In October of 1868,[1] Benjamin F. Randolph, a Black state senator in South Carolina, was shot dead by three white men as he was stepping off the train.[2] Though the assassination occurred in broad daylight with multiple witnesses, no one ever faced charges for the murder. D. Wyatt Aiken, a former Confederate colonel, wasContinue reading “An Anti-Conspiracy Theory: How Antitrust Law is Eroding The Constitutional Rights Protection Set Forth In § 1985(3) and § 1983”

The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism

Abstract When victims of intimate terrorism leave their abusers, the abuse rarely ends. While many victims exit intimate relationships to try to escape the abuse, for most, their bravery in leaving only angers their abusers further. Rather than lose control over their victims, many abusers continue to manipulate and terrorize their former intimate partners forContinue reading “The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism”