The Oracle v. Google case, warns Peter Menell, is on a rocky path. His paper says patent infringement claims unwisely gave exclusive appellate jurisdiction to the Federal Circuit, which bungled copyright issues guided by the Ninth Circuit. Menell assesses potential reforms to such problems created by software IP litigation.
In the latest California Law Review, professors Melissa Murray and Karen Tani respond to another CLR article, “The Sex Bureaucracy,” in which Jacob Gersen and Jeannie Suk identify a “bureaucratic turn in sex regulation.” Murray and Tani argue that “sex bureaucracy” is not new. But there are “truly new and striking” elements of the state’s regulation of sex, and the move to affirmative consent, that deserve scrutiny.
Patent pools are on the rise due to the high number of patents in industries such as software and mobile phones. Do the transaction cost savings of these pools outweigh their potential to harm consumers? Robert Merges uses an empirical approach in his paper to tackle an issue long marked by theory and speculation.
Kenneth Ayotte tackles the issue of side agreements in corporate bankruptcy, in which one party stays silent at certain points of the reorganization. A proposal by Ayotte and co-authors aims to maintain the benefits of these agreements, limit their negative impacts and clarify when to resolve disputes in or out of bankruptcy court.
Nearly all multidistrict litigation (MDL) cases settle, but judges are powerless to reject a settlement that they deem unfair. So, in his new paper, Andrew Bradt says MDL judges should be able to issue non-binding opinions about a settlement’s fairness, allowing parties to make informed decisions on whether to accept it.
As human actions create more changes to the planet, Eric Biber says rapid growth in technology and population will expand government involvement in many areas of society. His new paper predicts continual updating of regulations and laws in response to these challenges, pressuring U.S. legal doctrines and norms.
Hawaii endured the longest use of martial law in U.S. history during World War II. In Bayonets in Paradise, authors Harry Scheiber and Jane Scheiber describe how military control imperiled civil liberties, pitted constitutional protections against emergency powers and led to historic legal challenges to martial law.
Locals who work on sexual and gender-based violence in Africa should have more say in accountability measures when it violates international law. Kim Thuy Seelinger and Julie Freccero, noting findings from a Human Rights Center summit on how to respond to such violence during armed conflict, assert why local influence should expand.
A 2002 paper co-written by Kevin Quinn has won the American Political Science Association’s Lasting Contribution Award. Written with Andrew Martin, the paper uses data analytics to assess judicial behavior on the U.S. Supreme Court from 1953 to 1999. The “Martin-Quinn model” is now widely used to measure judicial ideology.
David Gamage has written two of the 10 most-cited articles in the seminal Tax Law Review over the last five years, according to TaxProf Blog. One of them, “Three Essays on Tax Salience,” ranks No. 1 on the list. His other entry, about perverse incentives arising from healthcare reform’s tax provisions, ranks No. 6.
More often than not, decisions on whether to remove online content based on alleged copyright infringement are made by a computer algorithm. A new study, co-written by the Samuelson Clinic’s Jennifer Urban ’00 and Brianna Schofield ’12, shows how this impersonal approach often leads to misguided takedown actions that would benefit from human review.
Richard Mendelson’s new book explores the legal and commercial battles that turned Napa Valley from a quiet farming enclave into a famous wine-growing region. Mendelson, who runs Berkeley Law’s Wine Law and Policy Program, reveals how the area built its wine industry while still protecting its agricultural integrity.
Robert Cooter says both sides of the political aisle should embrace legal rights that spark creativity and innovation in our economy. His paper with Ph.D. student Benjamin Chen explains how creative activity enhances our standard of living, and how its growing importance demands a recasting of economic freedom.
In Race and Economic Jeopardy for All, Ian Haney López outlines a way to end what he calls “dog whistle politics,” a form of race baiting that “turns working people against each other and against good government.” He warns that such scapegoating is “the gravest threat facing the labor movement and indeed our democracy.”
A new book by Human Rights Center co-authors Koenig, Stover, and Peskin explores the diplomatic and military strategies that states have adopted to pursue and capture war crimes suspects. From Nazi war criminals to today’s terrorists, it’s a story fraught with broken promises, backroom politics, and daring escapades.