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Volume 76, Issue 4


Real-World Prior Art

by  Jonathan S. Masur & Lisa Larrimore Ouellette

The most fundamental requirement of patent law is that a patented invention must be new. Given the longstanding, foundational nature of this novelty requirement, one might expect its contours to be well settled. Yet some of its most basic aspects remain unresolved. At the center of these unresolved issues lie what we term “real-world prior…


Tribal Representation and Assimilative Colonialism

by  Elizabeth Hidalgo Reese

There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the reservations they govern do not exist.…


Meaningful Machine Confrontation

by  Benjamin Welton

Machine-generated evidence is now ubiquitous in criminal trials, and more sophisticated forms of inculpatory evidence are on the way. Courts have almost universally held that the Confrontation Clause does not give criminal defendants a constitutional right to confront machine-generated evidence, except in narrow cases where the evidence also contains testimonial statements made by a human…

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Recent Online Essays

The Pardon Power and Federal Sentence-Reduction Motions: A Response to Yost and Flowers

In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory.

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Alternative Action After SFFA

Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible.

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The Making of the A2J Crisis

Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis.

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The Criminally Complicated Copyright Questions about Trump’s Mugshot

The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo.

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Too Late: Why Most Abortion Pill Administrative Procedure Challenges Are Untimely

In this response piece to the Abortion Pills piece in the Stanford Law Review, Prof. Susan Morse and Leah Butterfield of the University of Texas explain why most administrative challenges to abortion pill regulations are untimely.

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