Social Innovation

Peter Lee
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal mechanism for promoting innovation. This Article draws on empirical studies to elucidate this significant kind of innovation and explore its divergence from the classic model…

Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups

Ashutosh Bhagwat
In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First Amendment require recognition of a “ministerial exception” to general antidiscrimination statutes (in that case, the ADA), because religious institutions must have autonomy in selecting their ministers. In the course of its analysis, however, the Court made a very interesting move. In response to the government’s argument…

Copyright and Inequality

Lea Shaver
The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the inequality insight reminds us just because new works are created does not mean that most people can afford them, and…

Inmates Who Cried Wolf: The Dangers of Applying the PLRA’s Limit on Appellate Attorney’s Fees in Prisoner Deprivation of Rights Claims

Peter Shakro

Hobby Lobby and the Zero-Sum Game

Kathryn E. Kovacs