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A Patent System for Temple Grandin
Full text linkThis article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system that prioritizes concrete, inclusive innovation (“real stuff”) over abstract financial instruments. By analyzing doctrines like non-obviousness and enablement through a neurodiversity framework, the work posits that patent law’s legal fictions inadvertently reflect autistic cognitive patterns, making it a critical social mechanism for integrating neurodivergent thinkers into America’s legacy of practical problem-solving. Ultimately, this article argues that fully recognizing neurodivergent inventors like Temple Grandin requires rethinking patent law doctrines to consciously embrace neurodiversity—not merely as an incidental source of inventive talent but as a fundamental, valuable perspective deserving respect and integration into our broader legal and social infrastructure
The Forgotten Victims: A Case for Children’s Compensation Amidst Parental Wrongful Incarceration
No full textWrongful incarceration is a tragedy that occurs far more often than most would care to admit. However, it is not only the wrongfully convicted person who suffers from this phenomenon. Most innocent people who are incarcerated have a family who is then affected and suffers immensely. Many wrongfully incarcerated individuals have children who then grow up without their parents, or with a significant barrier hindering their relationship with their parents. Typically, incarceration, and the separation of families that comes along with it, is justified by the need to regulate crime and keep communities safe. How[1]ever, when innocent people are serving prison sentences, none of these needs are served. The right to family integrity is a constitutional right protecting families from unnecessary government intrusion. 42 U.S.C. § 1983 is an avenue which enables many individuals to receive compensation for a violation of constitutional rights, such as the right to family integrity. Even though wrongful incarceration is often brought about by state action, most courts deny compensation to children who have suffered greatly after parental wrongful incarceration. This Note argues that children of wrongfully incarcerated parents should be able to receive compensation under 42 U.S.C. § 1983; these children have suffered a violation of their constitutional rights, and it is the duty of the government that wrongfully incarcerated their parents to provide a remedy
“Forced Worship Stinks in God’s Nostrils”: The Inquisition, Sepharad, and the American Experiment
Full text linkIn December 1791, the Bill of Rights, comprising the first 10 amendments to the U.S. Constitution, enshrined fundamental protections for individual freedoms, with the First Amendment guaranteeing liberty of conscience. This milestone, however, was the culmination of centuries of struggle. The arrival of Iberian Jews, including conversos, in North America played a pivotal role in shaping the course of American history. The Founders referenced the Inquisition in their letters and debates, particularly in discussions on legal protections for criminal suspects and the broader issue of religious liberty. Founding assurances of religious freedom to Jews and Christians stand in stark contrast to the Inquisition, which persisted well into the early 19th century. Furthermore, several prominent Jewish leaders along the Eastern Seaboard (in cities such as New York, Newport, Philadelphia, and Savannah) had directly fled the Inquisition (or their parents had) and they had met or corresponded with the Framers. Ultimately, the Founding Fathers\u27 deep repugnance toward the Spanish and Portuguese Inquisitions, alongside a Jewish presence in early America, contributed to consecrating the ideal of religious freedom in the early Republic. This extraordinary legacy continues into the 21st century
How Climate Change and Environmental Policies Affect Impoverished Communities
Full text linkClimate change is a global problem that affects everyone, but not proportionately. Lower income communities face greater physical and economic impacts, and policies often fail to consider their needs. These communities struggle to adapt and recover from disasters due to limited resources, and they lack access to resilient housing. Major corporations like Exxon and Shell profit while their workers are underpaid for dangerous labor. Historically, regions like rural Appalachia have seen exploitation through industries like coal. People of Color (POC) communities experience environmental racism, suffering greater environmental harm due to systemic neglect. Increasing commodity costs can hurt lower income individuals, forcing them to choose between basic needs. Taxing companies often passes costs down to consumers, worsening inequality. The Environmental Protection Agency’s Office of Environmental Justice seeks to protect vulnerable communities through policy. This Note will examine how climate change and legislation have disproportionately harmed low-income and POC communities, and will explore solutions that could address environmental injustice effectively
On Becoming and Being a Criminal Defense Attorney
Full text linkSteven B. Duke grew up in a tiny farming community in Arizona. In college, he experienced injustice during an encounter with the police and decided to attend law school. As a result of his success at the University of Arizona Law School, Duke was offered a clerkship with Justice William O. Douglas for the 1959-60 Supreme Court term. As Duke describes in this article, working for Justice Douglas was a rewarding and demanding experience. Douglas, probably the most liberal Justice ever to serve on the Supreme Court, had a dazzling intellect and wrote many books on all manner of subjects. As the Justice’s only law clerk, Duke worked long hours, assisting him on cases and with speeches, articles, and books. As Duke recounts, clerking for Douglas was thankless and stressful. Nevertheless, Duke regards this year as the most rewarding professional experience of his life. Subsequently, Duke earned an LL.M. at Yale Law School and joined the faculty, earning tenure as a tax professor. During the 1960s, he changed course, becoming a criminal defense attorney while continuing to teach at Yale Law School. As Duke describes, his summer working as a public defender in Phoenix, Arizona, was pivotal to his decision to practice and teach criminal law. Ultimately, Duke believes, the injustice concentrated in criminal law is not immutable but is subject to correction at all levels of its promulgation and administration. And as his own story set out in this article demonstrates, even a shy, nonpolitical person who is trained in criminal litigation can effect great change. Ultimately, Duke concludes, a competent, committed criminal defense lawyer is a savior of freedom
Legal Writing Instructors
No full textDuring the last 50 years, legal writing courses have become a core component of the first-year curriculum at law schools in the United States. These courses play a vital role in developing practice-ready lawyers, yet the professionals hired to teach legal writing often make much less money and have far less job security than other members of the faculty. In law schools outside the United States, legal writing courses are nowhere near as prevalent, although in some common law countries, they are included as part of the required curriculum. Law schools in civil law countries generally do not require students to take legal writing courses, although that is beginning to change
Variable Standards: How Many Uninjured Class Members Are Acceptable?
Full text linkPurchasers of canned tuna filed a class action against tuna producers after a price-fixing scheme raised prices above competitive levels. To be certified, a class must include only members who have suffered an injury, in this case by paying a higher price than they would have in the absence of price-fixing, but it was difficult to identify which plaintiffs were uninjured and should be excluded. Dueling statistical models failed to resolve this uncertainty, with one model suggesting up to one in every three class members was not injured at all. The Ninth Circuit nonetheless allowed this class to be certified, splitting with other circuits which apply a de minimis rule. This demonstrates a shocking gap in judges’ statistical understanding. This Note argues that, given the recognized difficulty judges have applying statistical evidence, a de minimis rule, though inelegant, is the most reasonable solution
