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Volume 72, Number 2

Private Enforcement in Administrative Courts

Mar. 30, 2019—Private-Enforcement-in-Administrative-Courts Scholars debating the relative merits of public and private enforcement have long trained their attention on the federal courts. For some, laws giving private litigants rights to vindicate important policies generate unaccountable “private attorneys general” who interfere with public enforcement goals. For others, private lawsuits save cash-strapped government lawyers money, time, and resources by...

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Licensing Knowledge

Mar. 30, 2019—Licensing-Knowledge When professionals give advice, they disseminate professional knowledge to their clients. Professional advice is valuable to clients because they gain access to a body of knowledge they do not otherwise possess. To preserve the accuracy, and hence the value, of this knowledge transfer, the First Amendment should protect professional speech against state interference that...

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The Exclusionary Rule in the Age of Blue Data

Mar. 30, 2019—The-Exclusionary-Rule-in-the-Age-of-Blue-Data In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court’s understanding of the exclusionary rule: “As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence.” The open question remains: How can defendants demonstrate sufficient recurring...

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Repealing Patents

Mar. 30, 2019—Repealing-Patents The first known patent case in the United States courts did not enforce a patent. Instead, it sought to repeal one. The practice of cancelling granted patent rights has appeared in various forms over the past two-and–a-quarter centuries, from the earliest U.S. patent law in 1790 to the new regime of inter partes review...

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The Waiting Game: How States Can Solve the Organ-Donation Crisis

Mar. 30, 2019—The-Waiting-Game-How-States-Can-Solve-the-Organ-Donation-Crisis Thousands of patients in the United States live in limbo every day waiting for a lifesaving organ transplant, and the gap between the number of people who need a transplant and the number of available organs widens every year. Every state currently allows individuals to unilaterally indicate their intent to donate their organs upon...

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Federal Regulation of Third-Party Litigation Finance

Mar. 30, 2019—Federal-Regulation-of-Third-Party-Litigation-Finance Third-party litigation finance has become a powerful and influential industry that will continue to play a significant role in shaping the legal landscape for years to come. The opportunities—and challenges—introduced by this burgeoning industry are legion, and with them has come a swath of disparate state regulations. These regimes have failed to balance important...

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