The European Directive on common rules for the internal market in electricity (2009/72/EC) requires all member states to 'ensure the implementation of intelligent metering systems' in order to foster a more active involvement of customers in the electricity market. Such intelligent metering...

In this essay, written for the 30th Anniversary of Cardozo’s Arts and Entertainment Law Journal, I revisit the ruinous litigation strategy copyright owners pursued after Napster to secure control of the market for personal uses of copyrighted works, which I wrote about ten years ago in War...

This article is the first to analyze whether cartel sanctions are optimal. The conventional wisdom is that the current level of sanctions is adequate or excessive. The article demonstrates, however, that the combined level of current United States cartel sanctions is only 9% to 21% as large as...

Much attention has been paid in recent times by academics and policy-makers to the issue of exceptions to IP rights, and in particular to the issue of the extent to which the ‘three-step test’ in international treaties restrict the ability of national legislatures to introduce new exceptions...

In “Managing the Risks of CO₂ Sequestration”, author Amy Hardberger provides an overview of the risks of CO₂ Sequestration and various methods of mitigation. She describes the main risk of sequestration as leakage and contamination that could impact water aquifers. Hardberger discusses...

The paper studies the analogous grounds under section 15 of the Canadian Charter of Rights and Freedoms that most raise the concern that the complainant in equality litigation has made a choice, namely citizenship and marital status. The citizenship example comes from Lavoie v. Canada, a 2002...

Credibility is a determinative factor in many of the immigration cases adjudicated every year (and, each year, the federal immigration agency adjudicates hundreds of thousands of cases). Given the numbers of affected immigrants and the stakes involved, it is essential that the legislature,...

Industrialization and real estate development continue to deplete natural resources, thereby decimating fauna, flora and their open space habitats. Government action has failed to stem this destruction. Thus, the burden of land conservation has generally fallen upon individuals, trusts, and the...

This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical...

This article considers current proposals for patent law reform in light of a simple theory about intellectual property law: In a world without transaction costs, the assignment of property rights is not necessary to stimulate the optimal production of creative goods. Because potential users of...