The Yale Law Journal

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The Credit Markets Go Dark

Smith, Roberto Tallarita, and Andrew Tuch; representatives of the LSTA, the Alternative Investment Management Association (AIMA), and the Alternative

Forum: Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use

creating a new product. Google’s copying of the Java code, the Google Court found, “seeks to expand the use and usefulness of Android-based smartphones

The Political Economy of Arbitration Law

contend that arbitration law suppresses the coordination rights of the market’s small players—workers, consumers, contractors, and small merchants—to the

The Case for Tax: A Comparative Approach to Innovation Policy

’ Advice for Small Businesses Seeking Foreign Patents 42-43 (2003), http://www.gao.gov/new.items /d03910.pdf. Leahy-Smith America Invents Act, Pub. L

Forum: Preventing Policy Default: Fallbacks and Fail-safes in the Modern Administrative State

impact on global warming. But the Court rejected the “erroneous assumption that a small incremental step, because it is incremental, can never be

Forum: This Is (Not) Who We Are: Korematsu, Constitutional Interpretation, and National Identity

grabbing, smashing, and dominating. Introduction We are charged with the task of witness in these, the most perilous of times. We should watch and commit

Privacy’s Trust Gap: A Review

world, and it is a problem of power. In the digital economy, the real power is not held by individual consumers and citizens using their smartphones and

Forum: Why Rely on the Fourth Amendment To Do the Work of the First?

expression. Second, unlike the First Amendment, the Fourth Amendment is often blind to the cumulative effect of invasions of privacy that are small in

Forum: Courts in the Age of Dysfunction

available at http://www.gpo.gov/fdsys/pkg/SMAN-106/pdf/SMAN-106.pdf. Thus, for practical purposes, a measure must have sixty votes in order to be

Forum: Toward Internal Separation of Powers

Division and the Federal Trade Commission can promote smarter enforcement of our antitrust laws. Second, we need to transform bureaucratic service