Intellectual property rights (IPRs) have become increasingly important. In particular, increased international trade, global economies, and developing technologies have played a key role in the development of Intellectual Property laws. These factors determine the need for strong IPRs regimes to...

In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh...

This symposium essay focuses on the relationship between managers' duty of care and self-handicapping, or constructing obstacles to performance with the goal of influencing subsequent explanations about outcomes. Conventional explanations for failures of caretaking by managers have focused on...

An issue that must be resolved under any health insurance policy is the locus of decisions on treatment. There will be times when a patient may want some treatment that the insurance company (HMO) will not want to provide. There may be other situations when a decision must be made about the...

An issue that must be resolved under any health insurance policy is the locus of decisions on treatment. There will be times when a patient may want some treatment that the insurance company (HMO) will not want to provide. There may be other situations when a decision must be made about the...

The collection of papers presented in this volume offers snapshots of how rights are debated and employed publically to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by individuals and groups...

Advances in virtual world technology pose risks for the safety and welfare of children. Those advances also alter the interpretations of key terms in applicable laws. For example, in the Miller test for obscenity, virtual worlds constitute places, rather than "works," and may even constitute...

The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and...

The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...

Due, in part, to Justice Brandeis' famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of...