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The De Facto Reporter’s Privilege

were resolved at common law. But these early scholars did not have the benefit of digitized research tools, nor could they draw upon the sprawling

The First Patent Litigation Explosion

courts discriminate and the people get their rights if they will but fight for them. Scientific American, a close watcher of all things patent law

Beyond the Indian Commerce Clause

their lands, that is to say the sole and exclusive right of purchasing from them whenever they should be willing to sell.” Preemption—the legal principle

The Un-Territoriality of Data

incidentally collected under the much more permissive rules governing the collection of nonprotected persons’ information. In their current form, these rules no

The Constitutionality of Civil Forfeiture

Statutes themselves sometimes used similar language, as when they said that their requirements applied “on pain of forfeiture” of the property involved in a

The Separation-of-Powers Counterrevolution

revolutionaries incorporated these insights into their first written constitutions, they drafted the blueprints for a republican separation of powers

The Constitutional Duty To Supervise

subordinates and through which they can call them to account for their actions.”A key instance was the Treasury Department. Mashaw documents the way in

The Power to Threaten War

include unilateral authority to repel invasions if the United States is attacked. Although there is nearly universal acceptance of these basic

Inside the Agency Class Action

steering committees of claimants’ counsel, who then coordinated to offer the best expert testimony they could in support of their clients’ claims. Thus

The Banality of Racial Inequality

explain the wealth gap. There is some evidence that whites earn a higher return on their investments than blacks and that blacks are more likely than