University of Pennsylvania Law Review - 2009
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- Fence posts or sign posts? Rethinking patent claim construction.
- Ending the patenting monopoly.
- The elusive quest for global governance standards.
- Hope for the future? The asylum claims of women fleeing sexual violence in Guatemala.
- The case for preferring patent-validity litigation over second-window review and gold-plated patents: when one size doesn't fit all, how could two do the trick?
- Nonrivalry and price discrimination in copyright economics.
- The constitutionality of international courts: the forgotten precedent of slave-trade tribunals.
- Did TRIPs spur innovation? An analysis of patent duration and incentives to innovate.
- Growing pains in the administrative state: the Patent Office's troubled quest for managerial control.
- Deliberation and strategy on the United States Courts of Appeals: an empirical exploration of panel effects.
- Technology and uncertainty: the shaping effect on copyright law.
- Six unconstitutional homicide statutes: rational basis review and the problem of harsher punishment for less culpable offenders.
- Prosecutorial regulation versus prosecutorial accountability.
- The river runs dry: when Title VI trumps state anti-affirmative action laws.
- What is the rule of recognition in the United States?
- Circuit effects: how the norm of federal judicial experience biases the Supreme Court.
- The inexorable radicalization of textualism.
- Vows to collide: the burgeoning conflict between religious institutions and same-sex marriage antidiscrimination laws.
- Institutions and indirectness in intellectual property.
- Sticks and stones: the ability of attorneys to appeal from judicial criticism.
- Unilateral settlements and retroactive transfers: a problem of copyright co-ownership.
- Probably? Understanding tax law's uncertainty.
- Extreme value or trolls on top? The characteristics of the most-litigated patents.
- Understanding patent-quality mechanisms.
- Using social norms to regulate fan fiction and remix culture.
- How should punitive damages work?
- The use and abuse of IP at the birth of the administrative state.
- The PTO and the market for influence in patent law.
- Language, national origin, and employment discrimination: the importance of the EEOC guidelines.
- Reinventing discovery: patent law's characterizations of and interventions upon science.
- Based upon: deriving plain meaning from the False Claims Act's jurisdictional bar.
- Is intellectual property trivial?
- Constitutional crises.
- How the merits matter: directors' and officers' insurance and securities settlements.
- Law and the boundaries of technology-intensive firms.