One of the hallmarks of our patent system is that it provides a one-size-fits-all reward for innovation. The uniform patent laws offer insufficient incentives to develop some socially valuable inventions, and they offer excessive rewards for other...
The foreclosure crisis left its mark on neighborhoods in countless ways. Remaining residents, those who continue to live in neighborhoods with many foreclosures, suffer unique harms because of adjacent foreclosed homes: depressed property values...
The cascading cost of solar photovoltaic technologies over the past five years presents a ripe opportunity to change the way people think about solar energy, and the nascent community solar model offers the vehicle for such change. Community solar...
This Essay considers how the Fifth Amendment’s Self-Incrimination Clause applies to encrypted data and computer passwords. In particular, it focus-es on one aspect of the Fifth Amendment that has been largely ignored: its aim to achieve a fair...
In a previous article, I defended baseball’s infield fly rule, the special rule long beloved by legal scholars, in terms of equitable balance in distribution of costs and benefits between competing teams. This essay applies those cost-benefit and...
Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students...