Content Posted in 2016 | University of Minnesota Law School Scholarship Repository

Skip to main content

Content Posted in 2016

3D-Printed Food, Jasper L. Tran

3D Printers, Physical Viruses, and the Regulation of Cloud Supercomputing in the Era of Limitless Design, Peter Jensen-Haxel

A Balancing Act: the Virtue of a "Light Touch" Regulatory Framework in the 2015 Open Internet Order, Nia Chung Srodoski

A Burkean Perspective on Patent Eligibility, Part II: Reflections on the (Counter)Revolution in Patent Law, Thomas F. Cotter

Access to and Control over Plant Genetic Resources for Food and Agriculture in South and Southern Africa: How Many Wrongs Before a Right?, Debbie Collier

Accounting for the Costs of Electronic Discovery, David Degnan

Accuracy or Efficiency: Has Grain Processing Made a Difference?, George David Kidd

Across Curricular Boundaries: Searching for a Confluence Between Marital Agreements and Indian Land Transactions, Judith T. Younger

Actavis, the Reverse Payment Fallacy, and the Continuing Need for Regulatory Solutions, Daniel A. Crane

Activating Actavis: Economic Issues in Applying the Rule of Reason to Reverse Payment Settlements, Sumanth Addanki

Addressing Looming Prescription Drug Shortages Through Legislative and Regulatory Approaches, Eric Friske

Advancing Research on Stored Biological Materials: Reconciling Law, Ethics, and Practice, Leslie E. Wolf

Advancing University Innovation: More Must Be Expected—More Must Be Done, John E. Tyler III

A Failure to Comply: An Initial Assessment of Gaps in IOM's Medical Device Study Committee, Ralph F. Hall and Eva Stensvad

After eBay, Inc. v. MercExchange: The Changing Landscape for Patent Remedies, Bernard H. Chao

Aligning Online Privacy Protection with Reasonable Expectations of Privacy: How Joffe Can Be Used to Modernize the Wiretap Act, Matthew Mason

American Prisons at the Beginning of the Twenty-First Century, Michael Tonry and Joan Petersilia

AMP v. Myriad: The Future of Medicine and Patent Law, Peter Edwards

And Justice for All: An Alternative Decision to Williams v. Nassau County Medical Center to Ameliorate the Harsh Impact of New York's Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs, David A. Mayer and Christopher McGrath

"... and on his farm he had a geep": Patenting Transgenic Animals, Barry S. Edwards

An End to Privacy Theater: Exposing and Discouraging Corporate Disclosure of User Data to the Government, Christopher Soghoian

An Improved Framework for Analyzing "Substantially Similar" Patent Claims with Respect to the Inequitable Conduct Defense, Michael Buschbach

An Organizational Approach to the Design of Patent Law, Liza Vertinsky

Antenuptial Agreements, Judith T. Younger

Anticompetitive Patent Injunctions, Erik Hovenkamp and Tom Cotter

Anticompetitive Patent Settlements and the Supreme Court’s Actavis Decision, Herbert Hovenkamp

An Unconstitutional Work of Art: Discussing Where the Federal Government's Discrete Intrusions Into One's Privacy Become an Unconstitutional Search Through Mosaic Theory, Steven Graziano

Application of Cascade Theory to Online Systems: A Study of Email and Google Cascades, April Mara Barton

Applying the Fragmented Literal Similarity Test to Musical-Work and Sound-Recording Infringement: Correcting the Bridgeport Music, Inc. v. Dimension FilmsLegacy, Mark R. Carter

A Proposed Solution to the Notification Problem, Ralph F. Hall

A Public Health Imperative: The Need for Meaningful Change in the Trans-Pacific Partnership’s Intellectual Property Chapter, Roma Patel

Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, and Sara L. Fechtelkotter

A Reminiscence About the Uniform Marriage and Divorce Act - Some Reflections About Its Critics and Its Policies, Robert Levy

A Reprise of a Classic: Gorman & Finkin's Basic Text on Labor Law: Unionization and Collective Bargaining, Stephen F. Befort

A Response to Chief Justice Roberts: Why Antitrust Must Play a Role in the Analysis of Drug Patent Settlements, Michael A. Carrier

A Spoonful of Sugarcane Ethanol: A Green Tax Medicine for the Cellulosic Ethanol Industry, Ke M. Huang

Associated Press v. Meltwater: Are Courts Being Fair to News Aggregators?, Dylan J. Quinn

A Synthetic Theory of Law and Technology, Arthur Cockfield and Jason Pridmore

At the Cutting Edge of Labor Law Preemption: A Critique of Chamber of Commerce v. Lockyer, Stephen F. Befort and Bryan N. Smith

Authentic Happiness, Self Knowledge & Legal Policy, Peter H. Huang

Autonomous and Automated and Connected Cars—Oh My! First Generation Autonomous Cars in the Legal Ecosystem, Dorothy J. Glancy

Bayer AG v. Schein Pharmaceuticals, Inc.: A Pharmaceutical Company's Victory in Securing a Patent Monopoly over Ciprofloxacin, Glenna L. Gilbert

Bermuda's Legacy: Policy, Patents, and the Design of the Genome Commons, Jorge L. Contreras

Best Practices for Establishing Georgia's Alzheimer's Disease Registry, Elizabeth Weeks Leonard, Rui Bu, and Amanda A. Brown

Biologics Price Competition and Innovation Act: Striking a Delicate Balance Between Innovation and Accessibility, Ude Lu

Biosimilar Regulation: Bringing the United States Up To Speed with Other Markets, Vinita Banthia

Biotechnology Obviousness in the Post-Genomic Era: KSR v. Teleflex and In re Kubin, Rebecca Hays

Biotechnology Patents and African Food Security: Aligning America's Patent Policies and International Development Interests, Michael Taylor and Dr. Jerry Cayford PhD

Biotech Patents and Indigenous Peoples, Dennis S. Karjala

Blakely in Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase

Blaming the Brain, Steven K. Erickson

Blogging on Broken Glass: Why the Proposed Free Flow of Information Act Needs a Specific Test for Determining When Media Shield Laws Apply to Bloggers, Amy Bauer

[Book Review] Whose America?, Judith T. Younger

Brave New World at the General Assembly: The United Nations Declaration on Human Cloning, Nigel M. de S. Cameron and Anna V. Henderson

Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Sampling Copyright Infringement Claims - The Sixth Circuit's Flawed Attempt at a Bright-Line Rule, Matthew Brodin

Bridging the Accountability Gap: Rights for New Entities in the Information Society?, Bert-Japp Koops, Mireille Hildebrandt, and David-Oliver Jaquet-Chiffelle

Bringing Dormant GRAS(E) to Bloom: Reviving the GRASE Concept for Drugs, Emily Pulchalski

Building a Better Baby Business, Debora Spar and Anna M. Harrington

Building a Strong Foundation: Justice John Simonett and Constitutional Law in Minnesota, Robert Stein

Building Intellectual Property Management Capacity in Public Research Institutions in Vietnam: Current Needs and Future Directions, Laurel Kilgour

Business-to-Business Internet Purchasing Exchanges: The Promises and Antitrust Risks of a New e-Commerce Platform, Garen Gotfredson

Can an Inference of Intent to Induce Infringement of a Patent be Drawn Where Other Reasonable Inferences Exist? An Examination of the Use of Circumstantial Evidence to Prove Inducement of Infringement, Roy D. Gross

Can Regulation be as Innovative as Science and Technology? The FDA's Regulation of Combination Products, Susan B. Foote and Robert J. Berlin

Can This Marriage Be Saved? Federalism and the Future of U.S. Health Policy Under the Affordable Care Act, Sara Rosenbaum

Causes of Popular Dissatisfaction with the Administration of Justice in the Twenty-First Century, Robert Stein

C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP: Why Major League Baseball Struck Out and Won't Have Better Luck in its Next Trip to the Plate, Daniel Mead

Certificates of Confidentiality: Protecting Human Subject Research Data in Law and Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Williams, Jeffrey L. Austin, and Lauren A. Dame

Changing Channels and Bridging Divides: The Failure and Redemption of American Broadcast Television Regulation, Anthony E. Varona

Chaos Worth Having: Irreducible Complexity and Pragmatic Jurisprudence, Byron Holz

Chimeric Criminals, David H. Kaye

Choice, Equal Protection, and Metropolitan Integration: The Hope of the Minneapolis Desegregation Settlement, Myron Orfield

Climbing Mount Next: The Effects of Autonomous Vehicles on Society, David Levinson

CLS Bank International v. Alice Corp. Pty. at the Federal Circuit: The Dilemma Presented by Computer Implementation of Abstract Ideas and How the Supreme Court Missed a Chance to Clear It Up, Nathan Peske

Cognition, Law, Stories, Lorie M. Graham and Stephen M. McJohn

Colloquy: Moving Forward in Food Safety & Defense, Julie Ostrowsky

Comparative Criminal Justice as a Guide to American Law Reform: How Do the French Do it, How Can We Find Out, and Why Should We Care?, Richard Frase

Complexity in Global Energy-Environment Governance, Andrew Long

Constitutionalizing Email Privacy by Informational Access, Manish Kumar

Consumer Cloud Robotics and the Fair Information Practice Principles: Recognizing the Challenges and Opportunities Ahead, Andrew Proia, Andrew Proia, and Drew Simshaw

Convergence?, Shubha Ghosh

Copyright, Ownership, and Digital Media: A Trilogy, Laura J. Gurak, Gretchen Haas, Laurie A. Johnson, Krista A. Kennedy, and Jessica L. Reyman

Corporate Cyborgs and Technology Risks, Andrea M. Matwyshyn

Country of Origin Labeling Revisited: Processed Chicken from China and the USDA Processed Foods Exception, Daniel S. Schuppert

Crawford v. Washington: What Would Justice Thomas Do?, Brad Clary

Creating, Protecting, and Using Crop Biotechnologies Worldwide in an Era of Intellectual Property, Philip Pardey, Bonwoo Koo, and Carol Nottenburg

Creating Stem Cells by Research Cloning: Scientific, Ethical, Legal & Policy Challenges: Introduction, Jeffrey Kahn

Crime, Criminal Justice, and Criminology in the Netherlands, Michael Tonry and Catrien Bijleveld

Criminal Procedure in a Conservative Age: A Time to Rediscover the Critical Nonconstitutional Issues, Richard Frase

Critical Habitat in the Balance: Science, Economics, and Other Relevant Factors, Ronny Millen and Christopher L. Burdett

Cross-National Measures of Punitiveness, Alfred Blumstein, Michael Tonry, and Asheley Van Ness

Curing Confusion: An Overview of the Regulatory Complexities of Obtaining Pharmaceutical Trademarks and a Prescription for Reform, Dana M. Herberholz

Custody Investigations in Divorce-Custody Litigation, Robert Levy

Cyber-threats and the Limits of Bureaucratic Control, Susan W. Brenner

Dad Was Born A Thousand Years Ago? An Examination of Post-Mortem Conception and Inheritance with a Focus on the Rule against Perpetuities, Joshua Greenfield

Decline of Dosage Regimen Patents in Light of Emerging Next-Generation DNA Sequencing Technology and Possible Strategic Responses, Na An

Defendant Amenability to Treatment or Probation as a Basis for Departure Under the Minnesota and Federal Sentencing Guidelines, Richard Frase

Defining the Essence of Being Human, Efthimios Parasidis

Defining the Limits of Crime Control and Due Process, Richard Frase

Deidentification and Reidentification in Returning Individual Findings from Biobank and Secondary Research: Regulatory Challenges and Models for Management, William McGeveran, Leili Fatehi, and Pari McGarraugh

Determinants of Penal Policies, Michael Tonry

Determinism and the Death of Folk Psychology: Two Challenges to Responsibility from Neuroscience, Stephen J. Morse

Deterring Innovation: New York v. Actavis and the Duty to Subsidize Competitors' Market Theory, Joanna M. Shepherd

Developing a Durable Right to Health Care, Erin C. Fuse Brown

Developing Oversight Frameworks for Nanobiotechnology, Jordan PAradise, Susan M. Wolf, Gurumurthy Ramachandran, Efrosini Kokkoli, Ralph Hall, and Jennifer Kuzm

Did You Give the Government Your Baby’s DNA? Rethinking Consent in Newborn Screening, Sonia M. Suter

Digital Debacle? Lessons from the History of Technical Standards, Stephen Bates

DIOS MIO - The KISS Principle of the Ethical Approach to Copyright and Right of Publicity Law, Michael D. Murray

Disclosing Risks of New Technologies: Ethical Challenges for Physicians, Patients, and Companies, Dianne Bartels

Diversity Deferred, Joan Howland

Do Educational Institutions Score High on Their Sustainability Efforts?: A Case Study (and Grade) on Chemical Waste Management and Minimization in Teaching and Research Laboratories at the University of Minnesota, David Hanna

Does Sharing Mean Caring? Regulating Innovation in the Sharing Economy, Sofia Ranchordas

"Don't Be Evil:" Google Faces the Chinese Internet Market and the Global Online Freedom Act of 2007, Lindsay Eastwood

Driving into the Digital Age: How SDVs Will Change the Law and Its Enforcement, Sarah Aue Palodichuk

Dumping the “Anti-Dumping” Law: Why EMTALA Is (Largely) Unconstitutional and Why It Matters, E. H. Morreim

DWI Source Code Motions after Underdahl, David Liebow

Economic Espionage: A Framework for a Workable Solution, Mark E. A. Danielson

Ellman's "Why Making Family Law is Hard": Additional Reflections, Robert Levy

EME Homer City Generation, L.P. v. EPA: The Search for Meaningful Regulation of Interstate Pollution Under the Clean Air Act, Bryan Dooley

Empathy and Compassion, Richard Warner

Enabling Genus Patent Claims to DNA, Hugh McTavish

Ending Patent Exceptionalism and Structuring the Rule of Reason: The Supreme Court Opens the Door for Both, Robin Feldman

Ending the Invalidity Shell Game: Stabilizing The Application of the Written Description Requirement in Patent Litigation, Aaron B. Rabinowitz

Energy Partisanship, Hari M. Osofsky and Jacqueline Peel

Enforcing the Rights of Human Sources to Informed Consent and Disclosures of Incidental Findings from Biobanks and Researchers: State Mechanisms in Light of Broad Regulatory Failure, Leili Fatehi and Ralph F. Hall

Ethnicity, Crime, and Immigration, Michael Tonry

ETW Corp. v. Jireh Publishing, Inc.: A Workable Standard, an Unworkable Decision, Jacy T. Jasmer

Europe's Biotech Patent Landscape: Conditions and Recent Developments, Tade Matthias Spranger

Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: "Proportionality" Relative To What?, Richard Frase

Expedition E-Recording, First Stop URPERA: How Universal E-Recording under URPERA Could Revolutionize Real Estate Recording in the United States and Why it Should, Jessica Kopplin Kranz

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

Faculty Masthead, MJLST Editorial Board

FDA Goes Loko with Warning Letters, Rebecca Boxhorn

Fear of Frankenfoods: A Better Labeling Standard for Genetically Modified Foods, Matthew Franken

Federal Sentencing Can Be Made More Just, If the Sentencing Commission Wants to Make It So, Michael Tonry

Finding Cures for Tropical Diseases: Is Open Source the Answer?, Stephen M. Maurer, Arti K. Rai, and Andrej Sali

Five Ethical Questions for SCNT Stem Cell Research, Ronald M. Greem

Following Minnesota's Renewable Energy Example: Will Federal Legislation Fly High or Flap in the Wind?, Susan Perera

Follow the Giraffe's Lead - Lanco, Inc. v. Director, Division of Taxation Gets Lost in the Quagmire that Is State Taxation, Cory D. Olson

Food Advertising and Childhood Obesity: A Call to Action for Proactive Solutions, Roseann B. Termini, Thomas A. Roberto, and Shelby G. Hostetter

Food Protection and Defense: Preparing for a Crisis, Caroline Smith DeWaal

Forbidden City Enclosed by the Great Firewall: The Law and Power of Internet Filtering in China, Jyh-An Lee and Ching-Yi Liu

Foreseeability Decoded, Meiring de Villiers

Foreword: The Future of Reverse Payments in the Wake of FTC v. Actavis, Inc., MJLST Editorial Board

Foster Care Safety and the Kinship Cue of Attitude Similarity, David J. Herring

Four Questionable Rationales for the Patent Misuse Doctrine, Thomas F. Cotter

Fracking and the Public Trust Doctrine: A Response to Spence, Alexandra Klass

From Complex Regions to Complex Worlds, Crawford S. Holling

From Precision Agriculture to Market Manipulation: A New Frontier in the Legal Community, Neal Rasmussen

From Tax-Favored to Tax-Penalized: The Challenge of Estate Planning for Qualified Plan Benefits in the Face of Shifting Federal Tax Policy, Robert Stein

Frontiers of Medical Technology: Reflections on the Intersection of Innovation and the Health Care System, Susan B. Foote

FTC v. Actavis, Inc.: When Is the Rule of Reason Not the Rule of Reason?, Thomas F. Cotter

Funding Race as Biology: The Relevance of "Race" in Medical Research, Taunya Lovell Banks

GAO Report Confirms Failure of U.S. Guidelines, Michael Tonry

Gender Diversity and Disparity in the Legal Profession: An Empirical Analysis of the Gender Profile in National Law Firms and Law Schools, Edward S. Adams and Samuel P. Engel

Gender, Race, and Sentencing, Kathleen Daly and Michael Tonry

Gene Concepts, Gene Talk, and Gene Patents, Andrew W. Torrance

Generic Pharmaceuticals and the "Unfortunate Hand" Dealt to Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt

Genetic Discrimination, Torben Spaak

Genomic Medicine: A Future Flooded with Risk Information, Edward R. B. McCabe and Linda L. McCabe

Genomic Nutritional Profiling: Innovation and Regulation in Nutrigenomics, David Castle

Global Legal Triage in Response to the 2009 H1N1 Outbreak, James G. Hodge, Jr.

Glowing in the Dark: How America's First Transgenic Animal Escaped Regulation, Rebecca Bratspies

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules on the Digital Sampling of Sound Recordings in Metall auf Metall, Tracy Reilly

Graham's Good News--and Not, Richard Frase

Guaranteed Jurisdiction: The Emerging Role of FED. R. CIV. P. 4(k)(2) in the Acquisition of Personal Jurisdiction of Foreign Nationals in Internet Intellectual Property Disputes, Jeffrey R. Armstrong Esq.

Guest Editor's Observations: Recurring Policy Issues of Guidelines (and non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, and the Enforcement of Release Conditions, Richard Frase

Guns, Limbs, and Toys: What Future for 3D Printing?, Adam D. Thierer and Adam Marcus

Habeas Relief From Bad Science: Does Federal Habeas Corpus Provide Relief for Prisoners Possibly Convicted on Misunderstood Fire Science?, Marc Price Wolf

Has Non-U.S. Case Law Recognized a Legally Protected Autonomy Right?, Nili Karako-Eyal

Hatch-Waxman Patent Case Settlements— The Supreme Court Churns the Swamp, Kent Bernard

Hatch-Waxman - Thoughtful Planning or Just Piling On: A Consideration of the Federal Trade Commission's Proposed Changes, Brian Urevig

Health Care Reform and the Logic of Emergence, M. Gregg Bloche and Sujata M. Jhaveri

Heterosexual Sexual Behavior Is Governed by Social Exchange and Basic Economic Principles: Sexual Economics Theory, Kathleen D. Vohs and Jannine Lasaleta

History Lessons for a General Theory of Law and Technology, Gregory N. Mandel

How Can Better Food Labels Contribute to True Choice?, J. C. Horvath

How the Internet is Reshaping Assisted Reproduction: From Donor Offspring Registries to Direct-to-Consumer Genetic Testing, Andrea Braverman

How the Seizure of Counterfeit Goods Can Go Bad. Waco International v. KHK Scaffolding, et. al., Michael Coblenz

Human Rights and Intellectual Property: Conflict or Coexistence?, Laurence R. Helfer

Human Rights Approach to Intellectual Property Protection: The Genesis and Application of Sub-Commission Resolution 2000/7, David Weissbrodt and Kell Schoff

Identifiable Neuro Ethics Challenges to the Banking of Neuro Data, Judy Illes and Sofia Lombera

Identity, Culture and Stories: Empathy and the War On Terrorism, William D. Casebeer

Imaging Genetics for Our Neurogenetic Future, Daniel Z. Buchman and Judy Illes

Immortal Invasive Initiatives? The Need for a Genetic "Right to Be Forgotten", Thomas Hale-Kupiec

Implementing Actavis: Three Tips for Future Courts Assessing Reverse Patent Settlements Under Rule of Reason Analysis, Alexander Krueger

Implementing Commission-Based Sentencing Guidelines: The Lessons of the First Ten Years in Minnesota, Richard Frase

Implications of FTC v. Actavis: A Reasonable Approach to Evaluating Reverse Payment Settlements, Diane E. Bieri

Incidental Findings in Genetic Research: A Vexing Challenge for Community Consent, Elana Brief, Jennifer Mackie, and Judy Illes

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part III: The Fraser Years -- A Time of Excellence and Innovation, Robert Stein

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part II: The Vance Years -- A Time of Ascendancy, Robert Stein

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part I: The Pattee Years -- A Time of Accommodation, Robert Stein

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part IV: The Pirsig Years -- A Time of Transition, Robert Stein

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part VI: The Auerbach Years -- A Time of Building, Controversy and Frustration, Robert Stein

In Pursuit of Excellence -- A History of the University of Minnesota Law School, Part V: The Lockhart Years -- A Time of Achievement and Challenge, Robert Stein

In Re Fisher: Denial of Patents for ESTs Signals Deeper Problems in the Utility Prong for Patentability, Lillian Ewing

In Re Seagate: One Step Closer to a Rational Doctrine, Justin McCarthy

In Search of an Elixir: What Ails the Pharmaceutical Industry in Europe and How to Use the Competition Laws to Cure It, Jonathan Hareid

Integrating Social and Ethical Concerns Into Regulatory Decision-Making for Emerging Technologies, Gary Marchant, Ann Meyer, and Megan Scanlon

Intellectual Property and Additive Manufacturing / 3D Printing: Strategies and Challenges of Applying Traditional IP Laws to a Transformative Technology, Bryan J. Vogel

Intellectual Property Protection and Offshore Software Development: An Analysis of the U.S. Software Industry, Horacio Teran

Intellectual Property Rights and the Land Grant Mission, G. Edward Schuh

Intellectual Property Rights for the Public Good: Obligations of U.S. Universities to Developing Countries, Ronald L. Phillips

Intentions, Guilt and Social Interactions, J. Atsu Amegashie

Intermediate Sanctions, Michael Tonry and Mary Lynch

Intermediate Sanctions in Sentencing Guidelines, Michael Tonry

Introduction: Envisioning Legal and Policy Pathways for Energy Innovation, Hari M. Osofsky

Introduction: MJLST at 5 Years, the Consortium at 10, Susan M. Wolf

Introduction — Rising Stars: Recognizing Important New Voices in Law, Medicine, Science & Technology, Michele B. Goodwin

Is Groundwater that Is Hydrologically Connected to Navigable Waters Covered Under the CWA?: Three Theories of Coverage & Alternative Remedies for Groundwater Pollution, Allison L. Kvien

Issue Management: A Safety Net for Custom Software Development Projects, Greg L. Smith

Is the United States Finally Ready for a Patent Small Claims Court?, Robert P. Greenspoon

It Came from Beneath the Twilight Zone: Wiretapping and Article II Imperialism, Heidi Kitrosser

It's All Relative: Familial DNA Testing and the Fourth Amendment, Amanda Pattock

It's an ART not a Science: State-Mandated Insurance Coverage of Assisted Reproductive Technologies and Legal Implications for Gay and Unmarried Persons, Valarie Blake

It Stands to Reason: An Argument for Article III Standing Based on the Threat of Future Harm in Data Breach Litigation, John Biglow

It’s the Autonomy, Stupid: Political Data-Mining and Voter Privacy in the Information Age, Chris Evans

Jack and the Beanstalk: Property Rights in Genetically Modified Plants, Nathan A. Busch

Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law and Internet Ethics, Simone A. Rose

John Wiley & Sons, Inc. v. Kirtsaeng: The Uncertain Future of the First-Sale Doctrine, Benjamin Hamborg

Judicial Lawmaking and General Principles of Law in International Criminal Law, Neha Jain

Judicial Trial Skills Training, Stephen Simon and Bertrand Poritsky

Justice Versus Benevolence: A Modern Humean View, Mario J. Rizzo

Keeping Disaster Human: Empathy, Systematization, and the Law, Ryan S. Keller

Keeping PACE?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox

"Knowing Where You Come From": The Rights of Donor-Conceived Individuals and the Meaning of Genetic Relatedness, Vardit Ravitsky

Law and Reasons: Comments on Rodriguez-Blanco, Brian Bix

Law and Technology: Interactions and Relationships, Daniel J. Gifford

Law's Misguided Love Affair with Science, Robin Feldman

Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials, Herbert M. Kritzer and Neil Vidmar

Lay Jurors in Patent Litigation: Reviving the Active, Inquisitorial Model for Juror Participation, Joel C. Johnson

Learning from the Limitations of Deterrence Research, Michael Tonry

Left to Their Own Devices: IOM’s Medical Device Committee’s Failure to Comply, Eva Stensvad and Ralph F. Hall

Legal and Ethical Issues in the Prediction of Recidivism, Michael Tonry

Legal and Policy Responses to the Disappearing "Teacher Exception," or Copyright Ownership in the 21st Century University*, Elizabeth Townsend

Legal Constraint of Genetic Use Restriction Technologies, Dan L. Burk

Legal Education: An Illusion, Judith T. Younger

Legal Innovation and the Compliance Paradox, Emanuela Carbonara, Francesco Parisi, and Georg von Wangenheim

Lessons from the European Union: Need for a Post-Grant Mechanism for Third Party Challenge to U.S. Patents, Jordan K. Paradise

Lessons from the Interaction of Biotechnology, Intellectual Property and World Needs, Charles C. Muscoplat

Lessons from the Smartphone Wars: Patent Litigants, Patent Quality, and Software, Ronald A. Cass

Lessons of State Guideline Reforms, Richard Frase

Light Thoughts and Night Thoughts on the American Family, Judith T. Younger

Litigation's Regulatory Pathways and the Administrative State: Lessons from U.S. and Australian Climate Change Governance, Hari Osofsky and Jacqueline Peel

Localizing Climate Change Action, Myanna Dellinger

Maintaining Incentives for Healthcare Innovation: A Response to the FTC's Report on Follow-On Biologics, Christopher M. Holman

Mandatory Minimum Penalties and the U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry

Mandatory Penalties, Michael Tonry

Marking the Fine Line: Ethics and the Regulation of Innovative Technologies in Human Reproduction, Anne Drapkin Lyerly

Mental Illness and Long-Term Disability Plans Under the Americans with Disabilities Act, Stephen F. Befort

Metabolite Labs and Patentable Subject Matter: A Review of Federal Circuit and PTO Precedent was Narrowly Averted but for How Long?, Michelle E. Dawson

Mistake-Proofing Medicine: Legal Considerations and Healthcare Quality Implications, John R. Grout, John W. Hill, and Arlen W. Langvardt

Mitigating the Impacts of the Renewable Energy Gold Rush, Amy Wilson Morris and Jessica Owley

Mod as Heck: Frameworks for Examining Ownership Rights in User-Contributed Content to Videogames, and a More Principled Evaluation of Expressive Appropriation in User-Modified Videogame Projects, John Baldrica

Modeling the Public Health System Response to a Terrorist Event, Donald W. Schaffner

Morally Hazardous Chemical Regulations: Why Effective Reform of the TSCA Requires Reduction of the Toxic Data Gap, John Kvinge

More Light Thoughts and Night Thoughts on the American Family, Judith T. Younger

Mortal Kombat: The Impact of Digital Technology on the Rights of Studios and Actors to Images and Derivative Works, Gerald O. Sweeney Jr. and John T. Williams

Napster: Facilitation of Sharing, or Contributory and Vicarious Copyright Infringement?, Sue Ann Mota

Narrowing Claim Amendment or Just Redefining the Invention: Prosecution History Estoppel and the Doctrine of Equivalents under TurboCare v. General Electric, Paul C. Onderick

Narrow Networks, the Very Sick, and the Patient Protection and Affordable Care Act: Recalling the Purpose of Health Insurance and Reform, Valarie Blake

Negative Dimensions of Identity: A Research Agenda for Law and Public Policy, Avner Ben-Ner and Claire A. Hil

Neuroethics and ELSI: Similarities and Differences, Henry T. Greely

Nomology, Ontology, and Phenomenology of Law and Technology, Kieran Tranter

Norval Morris's Contributions to Sentencing Structures, Theory, and Practice, Richard Frase

Notes from Underground: Hydraulic Fracturing in the Marcellus Shale, Joseph A. Dammel

Notifying Physicians and Patients About Medical Device Safety Issues: Thoughts From the FDA, Mark Barnett and Daniel Schultz

Obsolescence and Immanence in Penal Theory and Policy, Michael Tonry

Open Minds and Harmless Errors: Judicial Review of Post-Promulgation Notice and Comment, Kristin Hickman and Mark Thomson

Open Source Drug Development: A Path to More Accessible Drugs and Diagnostics?, Emily Marden

Organizational Crime, Michael Tonry

Our Agriculture Policy Dilemma: The Omnivore's Dilemma: A Natural History of Four Meals by Michael Pollan (2006), Morgan L. Holcomb

Out of the Daubert Fire and into the Fryeing Pan? Self-Validation, Meta-Expertise and the Admissibility of Latent Print Evidence in Frye Jurisdictions, Simone A. Cole

Panarchy and Adaptive Change: Around the Loop and Back Again, Bradley C. Karkkainen

Patent Protection of Computer Programs, James P. Chandler

Patent Reform and Differential Impact, Kurt Rohde and Matthew Sag

Patents and Patients: Who Is the Tragedy of the Anticommons Impacting and Who Is Bearing the Cost of High-Priced Biotechnological Research?, Caroline A. Grenshaw

Patient Expectations and Access to Prescription Medication are Threatened by Pharmacist Conscience Clauses, Kelsey C. Brodsho

Perspective on Biorepository Return of Results and Incidental Findings, Scott D. Jewell

Pesticides, Children's Health Policy, and Common Law Tort Claims, Alexandra B. Klass

Pharmacists and the "Morning-After Pill": Creating Room for Conscience Behind the Counter, Tony J. Kriesel

Playboy Enterprises, Inc. v. Netscape Communications Corp. and Excite, Inc.: The Impact of Banner Ad Keying on the Development of E-commerce., Michael Wu

Pluripotent Stem Cells: The Search for the "Perfect" Source, Nancy M.P. King, Christine Nero Coughlin, and Anthony Atala

Policy-Induced Competition: The Case of Cable TV Set-Top Boxes, Ralitza A. Grigorova-Minchev and Thomas W. Hazlett

Polluting Medical Judgment? False Assumptions in the Pursuit of False Claims Regarding Off-Label Prescribing, Sandra H. Johnson

Possession Is 99% of the Law: 3D Printing, Public Domain Cultural Artifacts and Copyright, Charles Cronin

Potentially Reduced Exposure Cigarettes: The Need for a Public Health Policy, Christopher N. Banthin

Preparation to Infringe after Medimmune v. Genentech: Why the Federal Circuit's Declaratory Judgment Jurisdiction Test is Still Too Stringent, Hugh D. Brown

Privacy and Public Health in the Information Age: Electronic Health Records and the Minnesota Health Records Act, Kari Bomash

Privatizing Biomedical Citizenship: Risk, Duty, and Potential in the Circle of Pharmaceutical Life, Jonathan Kahn

Product Configuration Trade Dress and Abercrombie: Analysis of Ashley Furniture Industries, Inc. v. SanGiacomo N.A. Ltd., Rohit A. Sabnis

Property Rights Legislation in Agricultural Biotechnology: United States and Argentina, Andres A. Gallo and Jay P. Kesan

Protecting the Mentally Retarded: An Empirical Survey and Evaluation of the Establishment of State Guardianship in Minnesota, Robert Levy

Protection of Traditional Knowledge, Srividhya Ragavan

Public Prosecution and Hydro-engineering, Michael Tonry

Punishment and Crime Across Space and Time, Michael Tonry and David P. Farrington

Punishment Purposes, Richard Frase

Purposes and Functions of Sentencing, Michael Tonry

Quanta and Patent Exhaustion: The Implications of the Supreme Court's Decision in Quanta Computer, Inc. v. LG Electronics, Inc. One Year Later, Emily Van Vliet

Radbruch's Formula and Conceptual Analysis, Brian Bix

Raz, Authority, and Conceptual Analysis, Brian Bix

Reading, Writing, and Rights: Who Should Own Charter School Curricula?, Allison O. Woodbury

Reclassifying Geostationary Earth Orbit as Private Property: Why Natural Law and Utilitarian Theories of Property Demand Privatization, Ian Blodger

Reform in the "Brave Kingdom": Alternative Compensation Systems for Peer-to-Peer File Sharing, Joseph Gratz

Regional Strategies for Racial Integration of Schools and Housing Post-Parents Involved, Myron Orfield

Regulation by Adaptive Management—Is It Possible?, J. B. Ruhl

Remarks on 3D Printing, Free Speech, and Lochner, Kyle Langvardt

Response Essay: The Personhood Rationale and its Impact on the Durability of Private Claims to Public Property, Alexandra Klass

Responsible Parents and Good Children, Judith T. Younger

Responsible, Renewable, and Redesigned: How the Renewable Energy Movement Can Make Peace with the Endangered Species Act, Kalyani Robbins

Restoring Truth: An Argument to Remove the Qui Tam Provision from the False Marking Statute of the Patent Act, Craig Deutsch

Restricting Access to Infertility Services: What is a Justified Limitation on Reproductive Freedom?, Crystal Liu

Rethinking Lohr: Does “SE” Mean Safe and Effective, Substantially Equivalent, or Both?, Ralph F. Hall and Michelle Mercer

Rethinking Off-Label Regulation in the Wake of Sorrell v. IMS Health: Can State Involvement Compensate for Waning FDA Authority to Curb Commercial Free Speech?, Ashley A. Zborowsky

Rethinking the Role of the Written Description Requirement in Claim Construction: Whatever Happened To "Possession is Nine-Tenths of the Law?", Douglas R. Nemec and Emily J. Zelenock

Retroactive Protection and Shame Diplomacy in the US-Japan Sound Recordings Dispute, or, How Japan Got Berne-d, Stephen Obenski

Returning Genetic Research Results: Considerations for Existing No-Return and Future Biobanks, Karen J. Maschke

Returning Individual Research Results: What Role Should People’s Preferences Play?, Lisa S. Parker

Role of Regulation in Minimizing Terrorist Threats Against the Food Supply: Information, Incentives, and Penalties, Michael T. Roberts

"Rush to Riches" The Rules of Ethics and Greed Control in the Dot.Com World, Robert C. Kahrl and Anthony T. Jacono

Salvaging the Sentencing Guidelines in Seven Easy Steps, Michael Tonry

Science, Ethics, and Universities, Bryan Dowd

Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham, Rachel Dioso-Villa

Scientific, Ethical and Policy Challenges for Public Universities Engaging in Stem Cell Research - A University of Minnesota Perspective on SCNT Research: Past Challenges and Strategy for the Future, Frank B. Cerra

Sea Change or Status Quo: Has the Rule 37(e) Safe Harbor Advanced Best Practices for Records Management?, Philip J. Favro

Second Look Provisions in the Proposed Model Penal Code Revisions, Richard Frase

Seeking Relations: Law and Feminism Roundtables, Mary Louise Fellows and Sherene Razack

Segregation and Environmental Justice, Myron Orfield

Segregation and Environmental Justice, Myron Orfield

Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks, Joanna Shepherd

Self and Other: Cognitive Perspectives on Trust, Empathy and the Self - Introduction, Claire A. Hill

Self-Driving Vehicles and Policy Implications: Current Status of Autonomous Vehicle Development and Minnesota Policy Implications, Adeel Lari, Frank Douma, and Ify Onyiah

Sentencing Commissions and Their Guidelines, Michael Tonry

Sentencing Guidelines in Minnesota, 1978-2003, Richard Frase

Sentencing Guidelines in Minnesota, Other States, and the Federal Courts: A Twenty-Year Retrospective, Richard Frase

Sentencing Guidelines in the States: Lessons for State and Federal Reformers, Richard Frase

Sentencing Laws & Practices in France, Richard Frase

Sentencing Principles in Theory and Practice, Richard Frase

Sentencing Reform in Minnesota, Ten Years After: Reflections on Dale G. Parent's Structuring Criminal Sentences: The Evolution of Minnesota's Sentencing Guidelines, Richard Frase

Share and Share Alike: Increasing Access to Government-Funded Inventions Under the Bayh-Dole Act, Gary Pulsinelli

Should You Know About the Pesticides in Your Clothes? Nanosilver and the Treated Articles Exemption to FIFRA, James Meinert

Side Effects of Corporate Greed: Pharmaceutical Companies Need a Dose of Corporate Social Responsibility, Martin L. Hirsch

Slowing Antibiotic Resistance by Decreasing Antibiotic Use in Animals, Jennifer Nomura

Smokers: Nuisances in Belmont City, California—In Their Homes, but Not in Public, Georges Tippens

Social and Emotional Influences on Decision Making and the Brain, Mauricio R. Delgado and James G. Dilmore

Social Influences on Moment-to-Moment and Retrospective Evaluations of Experiences, Suresh Ramanathan and Ann L. McGill

Solar Skyspace B, Kk K. DuVivier

Solving a Profound Flaw in Fraud-on-the-Market Theory: Utilizing a Derivative of Arbitrage Pricing Theory to Measure Rule 10b-5 Damages, Edward Adams and David E. Runkle

Solving the Procedural Quagmire for Testing Reverse Payment Settlements, Richard MacMillan Jr., Mary Bram, and M. Brinkley Tappan

Some Thoughts on "Antitrust Policy" and the Antitrust Community, Robert Levy

So Much More Than a "Harmless Drudge": Samuel Johnson and his Dictionary, Joan Howland

Speech-zilla Meets Trademark Kong?: How the Hollywood Circuit Got It Wrong in the Barbie Battle, Mattel, Inc. v. MCA Records, Inc., Steven Y. Reeves

Spin-Offs, Fiduciary Duty, and the Law, Edward Adams and Arijit Mukherji

Standardized Terms and Conditions For Open Patenting, Mariateresa Maggiolino and Maria Lilla Montagnani

State Sentencing Guidelines: Diversity, Consensus, and Unresolved Policy Issues, Richard Frase

Stem Cell Research in California: The Intersection of Science, Politics, Culture, and Law, Zach W. Hall

Straight Acting, Dale Carpenter

Strategic Approaches to Crime Prevention, Michael Tonry and David P. Farrington

Striking a Balance: Revising USDA Regulations to Promote Competition Without Stifling Innovation, Amanda Welters

Structure-Function Analysis of Global Pharmaceutical Linkage Regulations, Ronald A. Bouchard, Dan Cahoy, Bengt Domeij, Graham Dutfield, Tom Faunce, Aidan Hollis, Paul Jones, Feroz Ali Khader, Joel Lexchin, Heesob Nam, and Juan Luis Serrano

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead, MJLST Editorial Board

Student Masthead v17, MJLST Editorial Board

Student Masthead v.17:no.2, MJLST Editorial Board

Supplemental Forms of Intellectual Property Protection for Plants, Mark Janis

Surfing the Web For Copyright Law: Why Infringement Claims are All Wet, Jessica Richardson

Sustainable Communities and Wind Energy Project Acceptance in Massachusetts, Mariateresa A. Petrova

Synergy and Serendipity, Joan Howland

Synthesizing Law for Synthetic Biology, Andrew W. Torrance

Taking Off: Recent Changes to Venue Transfer of Patent Litigation in the Rocket Docket, Li Zhu

Teaching Law Students, Judges, and the Community: Rational Sentencing Policies, Robert Levy

Teaching the Rule of Law, Robert Stein

Technical Speech: Patents, Expert Knowledge, and the First Amendment, Feroz Ali

Technology, Commerce, Development, Identity, Andrea M. Matwyshyn

Technology, Competition, and Values, Frank Pasquale

Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle, Adam Thierer

Tempting the Sword of Damocles: Reimagining the Copyright/DMCA Framework in a UGC World, Jordan Sundell

Testing Drugs and Testing Limits: Merck KGaA v. Integra Lifesciences I, Ltd. and the Scope of the Hatch-Waxman Safe Harbor Provision, Jonathan Hareid

The Admission of Scientific Evidence in a Post-Crawford World, Eric Nielson

The Application of Collateral Estoppel to Markman Rulings: The Search for Logical and Effective Preclusion of Patent Claim Constructions, Timothy Le Duc

The Army Corps of Engineers: Comprehensive Floodwater Retention in the Red River Basin and the Fargo-Moorhead Flood Diversion Project, Michael L. Walls

The Ashley Treatment: The Current Legal Framework Protects the Wrong Rights, Jillian Kornblatt

The Australian Carbon Pricing Mechanism: Promise and Pitfalls on the Pathway to a Clean Energy Future, Jacqueline Peel

The Big Bad Wolf Hybrid: How Molecular Genetics Research May Undermine Protection for Wolves under the Endangered Species Act, Collette L. Adkins Giese

The BP Blowout and the Social and Environmental Erosion of the Louisiana Coast, Daniel A. Farber

The Case Against Access to Decedents’ E-mail: Password Protection as an Exercise of the Right to Destroy, Rebecca G. Cummings

The Commercial Exploitation Continuum, Philip W. Goter

The Confluence of Antitrust and Intellectual Property at the New Century, E. Thomas Sullivan

The Costs of Privilege: Defining Price in the Market for Educational Copyright Use, L. Ashley Aull

The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process, Jeffrey Cobia

The Dynamics of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy

The Fairness Doctrine Redux: Media Bias and the Rights of Broadcasters, Erik Ugland

The Fifth Dimension: Legal Infrastructure, Cracks, and Governance, Steven Ferrey

The Fight Against Oppression in the Digital Age: Restructuring Minnesota’s Cyberbullying Law to Get with the Battle, Bryan Morben

The Flaws of Stem Cell Legislation: Sherley, Brüstle, and Future Policy Challenges Posed by Induced Pluripotent Stem Cells, Nicholas J. Diamond

The Frontier of Eminent Domain, Alexandra Klass

The Functions of Sentencing and Sentencing Reform, Michael Tonry

The Future of Autonomous Vehicle Technology as a Public Safety Tool, Robert Sykora

The Future of Legal Education, Robert Stein

The Future of the Legal Profession, Robert Stein

The Green Economy Paradox: A Critical Inquiry into Sustainability Indexes, Oren Perez

The Hidden Economy of HSC Transplantation Is Inconsistent with Prohibiting the Compensation of HSC Donors, Kristy Williams

The Hydropower Regulatory Efficiency Act: Not Giving a Dam for Negative Externalities or Stakeholder Oversight, Catherine Cumming

The ICS Three-Step: A Procedural Alternative for Section 230 of the Communications Decency Act and Derivative Liability in the Online Setting, Eric Taubel

The Impact of Intellectual Property on Nonprofit Research Institutions and the Developing Countries They Serve, Ronald P. Cantrell, Gene P. Hettel, Gerard F. Barry, and Ruaraidh Sackville Hamilton

The Implementation of FDA Determinations in Litigation: Why Do We Defer to the PTO but Not to the FDA?, William G. Childs

The Imposition of an Age Restriction on Over-The-Counter Access of Plan B Emergency Contraception: Violating Constitutional Rights to Privacy and Exceeding Statutory Authority, Sydney Kokjohn

The Increasing Importance of Vehicle-Based Risk Assessment for the Vehicle Insurance Industry, Thomas Gage, Richard Bishop, and Jonathan Morris

The Informed Cohort Oversight Board: From Values to Architecture, Ingrid A. Holman and Patrick L. Taylor

The Invalidity of ICANN's UDRP Under National Law, Holger P. Hestermeyer

The Law and Ethics of High-Frequency Trading, Steven R. McNamara

The Legacy of the Nuremberg Doctors' Trial to American Bioethics and Human Rights, George J. Annas

The Legal and Policy Road Ahead: An Analysis of Public Comments in NHTSA’s Vehicle-to-Vehicle Advance Notice of Proposed Rulemaking, Anne E. Boustead and Karlyn D. Stanley

The Limits of Business Limited Liability: Entity Veil Piercing and Successor Liability Doctrines, John Matheson

The Malign Effects of Drug and Crime Control Policies on Black Americans, Michael Tonry and Matthew Melewski

The Midas Touch, Jim Chen

The Minnesota Fiscal Disparities Act of 1971: The Twin Cities' Struggle and Blueprint for Regional Cooperation, Myron Orfield and Nicholas Wallace

The Mostly Unintended Effects of Mandatory Penalties: Two Centuries of Consistent Findings, Michael Tonry

The Myth of Discovery: Review Essay of Barry Schwartz's The Paradox of Choice, Claire A. Hill

The Nirvana Fallacy in Fair Use Reform, Sepehr Shahshahani

The O'Neill Institute for National and Global Health Law: Discovering Innovative Solutions for the Most Pressing Health Problems Facing the Nation and the World, Lawrence O. Gostin, Oscar A. Cabera, and Susan C. Kim

The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman

The Perilous Necessity: Nonlegal Materials in a Family Law Course, Robert Levy

The Policy Considerationsof New Use Copyright Law as it Pertains to Ebooks, Joshua A. Tepfer

The Post-Grant Problem: America Invents Falling Short, Kayla Fossen

THE POSTMODERN WRITTEN DESCRIPTION REQUIREMENT: An Analysis of the Application of the Heightened Written Description Requirement to Original Claims, Shraddha A. Upadhyaya

The Preemptive Power of Federal Patent Law: A Framework for Analyzing State Antitrust Challenges to Pay-for-Delay Settlements, Caroline Marsili

The Public Health Tesseract: Managing the Multiplicative Threat, Asha George

The Rationality of Preference Construction (and the Irrationality of Rational Choice), Claire A. Hill

The "Reasonable Plant" Test: When Progress Outruns the Constitution, Max Stul Oppenheimer

The Region and Taxation: School Finance, Cities, and the Hope for Regional Reform, Myron Orfield

The RIAA Litigation War on File Sharing and Alternatives More Compatible with Public Morality, Daniel Reynolds

The Right Not To Hold a Political Opinion: Implications for Asylum in the United States and the United Kingdom, Stephen Meili

The Rights of Parents, Robert Levy

The Role of Diffusion Characteristics in Formulating a General Theory of Law and Technology, Gaia Bernstein

The Role of Law in the Debate over Return of Research Results and Incidental Findings: The Challenge of Developing Law for Translational Science, Susan M. Wolf

The Role of State Antitrust Law in the Aftermath of Actavis, Richard A. Samp

The Role of the Attorney in Estate Administration, Robert Stein and Ian Fierstein

The Role of the Legislature, the Sentencing Commission, and Other Officials under the Minnesota Sentencing Guidelines, Richard Frase

The Role of the University in Promoting Human Embryonic Stem Cell Research and Stem Cell Therapies, Dan S. Kaufman

The Rush to a First-to-File Patent System in the United States: Is a Globally Standardized Patent Reward System Really Beneficial to Patent Quality and Administrative Efficiency?, Brad Pedersen and Vadim Braginsky

The Salmon Hatchery Myth: When Bad Policy Happens to Good Science, Melanie Kleiss

The Science of DNA Identification: From the Laboratory to the Courtroom (and Beyond), David H. Kaye

The SDVs Are Coming! An Examination of Minnesota Laws in Preparation for Self-Driving Vehicles, Spencer Peck, Leili Fatehi, Frank Douma, and Adeel Lari

The Self, the Stasi, the NSA: Privacy, Knowledge, and Complicity in the Surveillance State, Robert H. Sloan and Richard Warner

The Social, Psychological, and Political Causes of Racial Disparities in the American Criminal Justice System, Michael Tonry

The Success of Judge Frankel's Sentencing Commission, Michael Tonry

The Tension Between Policy and Practice in Returning Research Results and Incidental Findings in Genomic Biobank Research, Sharon F. Terry

The Times They Are a-Changin’: Shifting Norms and Employee Privacy in the Technological Era, Lisa M. Durham Taylor

The Twin Pillars Knowledge and Trust, Mark Carlson

The Uncertain Future of Sentencing Guidelines, Richard Frase

The United States Patent Reform Quagmire: A Balanced Proposal, Michael S. Mireles Jr.

The Untold Story of America's First Sentencing Commission, Michael Tonry

The U.S. Sentencing Commission's Best Response to Booker Is to Do Nothing, Michael Tonry

The Warren Court's Missed Opportunities in Substantive Criminal Law, Richard Frase

The Work Made for Hire Doctrine Revisited: Startup and TechnologyEmployees and the Use of Contracts in a Hiring Relationship, John M. Garon and Elaine D. Ziff

Throwing Out the (Electronic) Trash: True Deletion Would Soothe E-Discovery Woes, Andrew Moerke Mason

Title Match: Jesse Ventura and the Right of Publicity vs. The Public and the First Amendment, Erin Skold

To Recall or Not Recall, That Is the Question: The Current Controversy over Medical Device Recalls, Ralph F. Hall

Toto, I've a Feeling We're Still in Kansas? The Constitutionality of Intelligent Design and the 2005 Kansas Science Education Standards, Anthony Kirwin

To Track or “Do Not Track”: Advancing Transparency and Individual Control in Online Behavioral Advertising, Omer Tene and Jules Polonetsky

To Use or Not to Use: Reforming Patent Infringement, the Public Use Bar, and the Experimental Use Doctrine as Applied to Clinical Testing of Pharmaceutical and Medical Device Invention, Shashank Upadhye

Toward a General Theory on Law and Technology: Introduction, Gaia Bernstein

Toward Aligning the Law with Biology? The Federal Circuit's About Face in Enzo Biochem, Inc. v. Gen-Probe, Inc., John C. Stolpa

Toward Facilitating Access to Patented Research Tools, Wendy Thai

Trademark Unraveled: The U.S. Olympic Committee Versus Knitters of the World, Marcella David

Transgenic Crops: The Good, the Bad, and the Laws, Wendy Thai

Transitioning a Community Away from Fossil-Fuel Generation to a Green Economy: An Approach Using State Utility Commission Authority, Alan Ramo and Deborah Behles

Two More Problems and Too Little Money: Can Congress Truly Reform Forensic Science?, Eric Maloney

Understanding Legal Responses to Technological Change: The Example of In Vitro Fertilization, Lyria Bennett Moses

United States v. Kincade - Justifying the Seizure of One's Identity, Michael S. Mireles Jr.

Unlawful Linking: First Amendment Doctrinal Difficulties in Cyberspace, Mark Deffner

Unwise or Unconstitutional?: The Copyright Term Extension Act, the Eldred Decision, and the Freezing of the Public Domain for Private Benefit, Arlen W. Langvardt and Kyle T. Langvardt

Using Evaluations To Break Down the Male Corporate Hierarchy: A Full Circle Approach, Edward Adams

Varieties of Youth Justice, Anthony Doob and Michael Tonry

Virtual World, Real Taxes: A Sales and Use Tax Adventure Through Second Life Starring Dwight Schrute, J. Robert Schlimgen

Voice Over Internet Protocol, Joseph Gratz

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, and Linda Sugin

Whatever Happened to the Baby Bells? Internationalization and De-internationalization in the Telecommunications Industry, Jason Whalley and Peter Curwen

What Explains Persistent Racial Disproportionality in Minnesota's Prison and Jail Populations?, Richard Frase

What is Really Fair: Internet Sales and the Georgia Long-Arm Statute, Ryan T. Holte

What Role for Humanitarian Intellectual Property? The Globalization of Intellectual Property Rights, Susan Sell

What's "Different" (Enough) in Eighth Amendment Law?, Richard Frase

What's Wrong with Race-Based Medicine?: Genes, Drugs, and Health Disparities, Dorothy E. Roberts

What Were They Thinking? Fourth Amendment Unreasonableness in Atwater v. City of Lago Vista, Richard Frase

What Works for Women at Work: Four Patterns Working Women Need to Know (Book Review), Naomi Cahn and June Carbone

When 1 + 1 No Longer Equals 2: The New Math of Legal "Additionality" Controlling World and U.S. Global Warming Regulation, Steven Ferrey

When Animals Attack: Spiders and Internet Trespass, Steve Fischer

Where to Draw the Line between Reverse Engineering and Infringement: Sony Computer Entertainment, Inc., Derek Prestin

Whither the Conflict over Agricultural Biotechnology?, Charles R. McManis

Who is John Doe and Why Do We Care? Why a Uniform Approach to Dealing with John Doe Defamation Cases is Needed, Craig Buske

Why Can't the Poor Access Lifesaving Medicines? An Exploration of Solving the Patent Issue, Samantha Shoell

Why Crime Rates Are Falling Throughout the Western World, Michael Tonry

Why Have a Theory of Law and Technological Change?, Lyria Bennett Moses

Why Neuroscience Matters for Rational Drug Policy, David M. Eagleman, Mark A. Correro, and Jyoptal Singh

Why Not Take All of Me? Reflections on The Immortal Life of Henrietta Lacks and the Status of Participants in Research Using Human Specimens, Gail Javitt

Why the Fair Use Defense of Free Speech or Parody Under the Anticybersquatting Consumer Protection Act Needs Judicial Review by the United States Supreme Court, Monique Bradley

Winners and Losers in the Communications Sector: An Examination of Digital Television Regulation in the United Kingdom, Elizabeth Varney

Within the Grasp of the Cat's Paw: Delineating the Scope of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, Stephen F. Befort and Alison Olig

Writings on the Wall: The Need for an Authorship-Centric Approach to the Authentication of Social-Networking Evidence, Ira P. Robbins

You Are Too Soft!: What Can Corporate Social Responsibility Do For Climate Change?, Issachar Rosen-Zvi

You're Doing It Wrong: How the Anti-Law School Scam Blogging Movement Can Shape the Legal Profession, Lucille A. Jewel

Youth Violence in America, Mark H. Moore and Michael Tonry