Print Issues

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 lies 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…