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Volume 66, Number 1

The Reciprocity of Search

Jan. 28, 2013—The discussion of search in patent law always frames the problem in terms of producers looking for patentees. But search is reciprocal. In designing a patent system, we can have producers look for patentees, or patentees look for producers. Either will result in the ex ante negotiation that is the goal of a property system....

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Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO’s Granting Patterns

Jan. 28, 2013—Appendix This Article undertakes the first attempt to causally investigate the influence of funding on the United States Patent and Trademark Office’s (“PTO”) decisionmaking. More specifically, this Article studies the influence of the PTO’s budgetary structure on the most important decision made by the Agency: whether or not to grant a patent. It begins by...

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Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex parte Quirin, the Nazi Saboteur Case

Jan. 28, 2013—The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post-9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on...

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Products Liability and Economic Activity: An Empirical Analysis of Tort Reform’s Impact on Businesses, Employment, and Production

Jan. 28, 2013—For decades, advocates of tort reform have argued that expansive products liability stifles economic activity by imposing excessive and unpredictable liability costs on businesses. Although politicians aspiring to create jobs, attract businesses, and improve the economy have relied on this argument to enact hundreds of reforms, it has largely gone empirically untested. No longer. Using...

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