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Using Black Lives As If They Don’t Matter: The Famous Four and Other Serious Stories of Capitalism and White Supremacy
Get PDFDoes a Rising Tide Lift All Boats? Sea Level Rise, Land Use, and Property Rights
Get PDFThis Article considers the competing interests of landowners, governments, and academics; Part I describes the problem-sea level rise and its projected acceleration. Part II details sea level rise physical and economic impacts. Part III discusses a range of adaptation responses to the problem, and Part IV explores the sea level rise-adaptation strategies\u27 potential legal challenges. This Article focuses on California, but the problems, solutions, and challenges pervade coastal communities everywhere
The Israeli Case for the Applicability of the Presumption of Innocence to Indicted Public Officeholders
Get PDFLaw Enforcement’s Lochner
No full textLong-established rules of constitutional criminal procedure empower the government to cheaply and efficiently demand information from businesses and corporations, even when those entities are themselves targets of criminal investigations. These rules have become extremely valuable to government investigators, notwithstanding their contestable premises and wide-ranging effects on employees, owners, and consumers.This ease of access era, however, may be nearing its end. A convergence of changes in how the Supreme Court views Fourth Amendment privacy rights on the one hand, and how it conceptualizes corporate personhood on the other, is apt to trigger an erosion of government enforcement power. At the very moment the Court is poised to recognize stronger protections of personal privacy, it seems equally willing to enlarge the concept of corporate personhood. One need not be clairvoyant to see the ways in which constitutional privacy and corporate personhood’s convergence spells trouble for regulators and prosecutors.How might federal enforcers respond to this shift? This Article forecasts an array of imperfect enforcement strategies that leave the general public worse off, creating a world in which corporate enforcement gradually grows less frequent and less effective. The upshot of this analysis is therefore a warning. If corporations can generate a First Amendment version of the Court’s 1905 Lochner decision, they can potentially weaponize other constitutional rights. Those worried about the “next Lochner” should therefore turn their attention to the understudied field of corporate constitutional criminal procedure
Preserving the Fruits of Labor: Impediments to University Inventor Mobility
Get PDFAcademic inventors must overcome numerous obstacles when they seek to leave their parent universities. The results of their work are often intertwined in what I call innovation-essential components, which are important aspects of the. innovative process that create strong ties to the parent university, such as data, patents, trade secrets, grants, contracts, materials, and other agreements and restrictions. Innovation-essential components effectively bind university inventors to their parent institutions, making departure unworkable without the university\u27s approval. Universities sometimes further complicate inventor mobility by entering into unlawful agreements with other academic institutions in their efforts to prevent inventor movement or by engaging in questionable practices in the process of poaching an inventor.
Impediments to mobility for academic inventors raise several issues. The unique knowledge university inventors gain about their nascent inventions is often essential to bring their ideas to market. Unduly burdening inventor use of their inventions may inhibit the full realization of their unique and valuable knowledge. Further, community norms and philosophical principles about inventors\u27 ability to use their inventions may conflict with legal doctrine, creating tensions when limitations prevent inventors from using the technology they created. Inhibitions on inventor mobility may also contradict the foundational objectives of educational institutions. This Article discusses issues that may arise when academic inventors seek to leave their parent universities, providing a case study from the largely-overlooked strawberry industry. It concludes by evaluating mechanisms to mitigate potential harms caused by such conflicts
