Articles
Neel U. Sukhatme, Citation: 71 Wash. & Lee L. Rev. 1855 (2014)
Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where […]
Steven L. Schwarcz and Ori Sharon, Citation: 71 Wash. & Lee L. Rev. 1715 (2014),
U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This Article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative step s, each incremental and in turn serving as apparent justification for the next step, without a […]
David Sloss, Citation: 71 Wash. & Lee L. Rev. 1757 (2014)
Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect […]
Blake Hudson, Citation: 71 Wash. & Lee L. Rev. 1643 (2014)
State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has […]
Notes
Paul M. Wiley, Citation: 71 Wash. & Lee L. Rev. 2115 (2014)
Austin L. Lomax, Citation: 71 Wash. & Lee L. Rev. 2077 (2014)
David Lee Johnson , Citation: 71 Wash. & Lee L. Rev. 2023 (2014)
Stephen R. Halpin III, Citation: 71 Wash. & Lee L. Rev. 1979 (2014)
Jonathan L. Caulder, Citation: 71 Wash. & Lee L. Rev. 1925 (2014)