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Procedural Losses and the Pyrrhic Victory of Abolishing Qualified Immunity

Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal failures, this doesContinue reading “Procedural Losses and the Pyrrhic Victory of Abolishing Qualified Immunity“

Working Through Menopause

There are over thirty million people ages forty-four to fifty-five in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers will inevitably experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic becauseContinue reading “Working Through Menopause“

Regional Immigration Enforcement

Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities in enforcement. The Article then provides an empirical analysis demonstrating enormous variations inContinue reading “Regional Immigration Enforcement“

What Litigators Can Teach the Patent Office About Pharmaceutical Patents

Pharmaceutical patents listed in the FDA’s “Orange Book” are some of the most valuable patents in the world. Accordingly, for this valuable subset of patents, it is paramount that the Patent & Trademark Office (PTO) correctly issue valid patents and preclude invalid patents from issuing. In this paper, we study what happens to those patentsContinue reading “What Litigators Can Teach the Patent Office About Pharmaceutical Patents”

The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs

INTRODUCTION Libraries are a fixture in American communities that people sometimes take for granted. People expect to find books on the shelves, computers for public use, children gathered for story times, and, increasingly, ebooks available to be checked out and read on personal devices. However, libraries face distinct financial disadvantages in purchasing and lending ebooksContinue reading “The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs”

Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation

INTRODUCTION As the Supreme Court stated in the 2020 case Barr v. American Association of Political Consultants, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.”[1] Americans are similarly united in their disdain for spam emails.[2] However, Congress’s regulation of spam emails through the Controlling the Assault ofContinue reading “Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation”

Cross-Statute Employment Discrimination Claims and The Need For A “Super Statute”

Congress has not drafted one statute to govern all claims of employment discrimination, regardless of whether those claims are based upon any of the protected classifications of race, sex, religion, national origin, age, and disability. The factors which Plaintiff seeks to lump together in this lawsuit under the title of “age-plus” theories of discrimination areContinue reading “Cross-Statute Employment Discrimination Claims and The Need For A “Super Statute””