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Volume 66, Issue 3


Transcending Equality Versus Adequacy

by  Joshua E. Weishart

A debate about whether all children are entitled to an “equal” or an “adequate” education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought…


The No-Reading Problem in Consumer Contract Law

by  Ian Ayres & Alan Schwartz

Instead of promoting informed consumer assent through quixotic attempts to have consumers read ever-expanding disclosures, this Article argues that consumer protection law should focus on “term optimism”—situations in which consumers expect more favorable terms than they actually receive. We propose a system under which mass-market sellers are required periodically to engage in a process of…


Managerial Justice and Mass Misdemeanors

by  Issa Kohler-Hausmann

In the mid-1990s New York City inaugurated its era of mass misdemeanors by pioneering policing tactics featuring intensive enforcement against low-level offenses as part of its quality-of-life and urban crime control strategy. These tactics have since spread across the country and around the globe. But the New York City experiment embarrasses our traditional understanding of…


The Exergen and Therasense Effects

by  Robert D. Swanson

This Comment empirically investigates the doctrine of inequitable conduct in patent law. Inequitable conduct is a defense to patent infringement that accuses the patent holder of committing fraud on the U.S. Patent and Trademark Office to secure the patent. Before the Federal Circuit’s recent Exergen and Therasense decisions, the defense was seen as chronically overused.…