Many originalists and textualists disdain the consideration of consequences to determine a law’s meaning. Yet interpreters have long weighed consequences, particularly inconvenient ones, to decode the law. In the eighteenth century, the argumentum ab inconvenienti—the claim that a reading of the law was mistaken due to its adverse consequences—was a familiar technique, perhaps almost as…
The history of the state’s intrusions on the rights of marginalized parents has become central to today’s critical accounts of American family law and family courts, and rightly so. Missing from the conversation, however, is a full account of how those rights first entered the law, and how the state assumed its now-familiar, though often…
In pharmaceutical patent cases, the drug label is often the primary piece of evidence regarding whether generic drug companies induce doctors to infringe brand drug companies’ patents. But a series of recent decisions from the U.S. Court of Appeals for the Federal Circuit has taken this focus on the label too far. Rather than assessing…
Sellers across a wide range of industries increasingly delegate pricing decisions to computers. Their pricing algorithms can improve market efficiency by reacting immediately to changes in supply chains and market demand. But these programs can also aid and conceal harmful anticompetitive behavior. Under the Biden Administration, the Federal Trade Commission expanded the scope of antitrust…
