The traditional justification for intellectual property (IP) rights has been utilitarian. We grant exclusive rights because we think the world will be a better place as a result. But what evidence we have doesn’t fully justify IP rights in their...
Many scholars, some lower courts, and at least one Supreme Court justice support the idea that if a law contains secular exceptions, the Free Exercise Clause compels similar religious exemptions from the law. They argue, for instance, that if a...
In 1965, Congress enacted the Voting Rights Act (VRA) to enforce the Fifteenth Amendment of the U.S. Constitution. Specifically, Section 2 of the VRA, as originally adopted in 1965, closely tracked the language of the Fifteenth Amendment and...
This Article examines the developments leading to the U.S. Supreme Court’s decisions in the 1930s that legitimated the extraterritorial application of state law in civil litigation. Today, these decisions are thought of as having established the...
Simple legal jobs (such as document coding) are prime candidates for legal automation. More complex tasks cannot be routinized. So far, the debate on the likely scope and intensity of legal automation has focused on the degree to which legal tasks...
The U.S. Supreme Court recently denied a petition for certiorari in Martin v. Blessing, a case challenging a district court judge’s consideration of race and gender in determining adequacy of class counsel. In denying Martin’s petition, Justice...