Article

A Tendency to Deprave and Corrupt: The Transformation of American Obscenity Law from Hicklin to Ulysses II

This article concerns questions of artistic and literary freedom surrounding the Ulysses cases. My interest is how the courts responded to censorship charges once they were leveled, or more particularly, how and why they failed to respond in a mindful way. That is, why did they fail to bring anything that can be recognized as the rule of law to the issues raised in the contests before them? Where did…
Article

The Disputed Quality of Software Patents

John R. Allison and Ronald J. Mann
We analyze the characteristics of the patents held by firms in the software industry. Unlike prior researchers, we rely on the examination of individual patents to determine which patents involve software inventions. This method of identifying the relevant patents is more laborious than the methods that previous scholars have used, but it produces a data set from which we can learn more about the role of patents in the software…
Article

Violence Between Lovers, Strangers, and Friends

Carissa Byrne Hessick
Part I of this Article briefly summarizes the commentary and studies that have examined the effect of victim-offender relationships on criminal justice decision making. It also notes instances where the treatment of stranger violence as more serious crime than comparable non-stranger violence has been codified in statutes or other written regulations. Possible justifications for the prioritization of stranger violence over non-stranger violence are explored in Part II. Those justifications include…
Note

The States, a Plate, and the First Amendment: The “Choose Life” Specialty License Plate As Government Speech

Alana C. Hake