Problem with Zombie Constitutional Amendments

Spurred by a reenergized feminist movement in the wake of Hillary Clinton’s surprising loss in the 2016 presidential election and the #MeToo movement against sexual harassment, the Illinois state legislature reached into the past and attempted to revivify the Equal Rights Amendment (ERA). Observers were quick to declare that a ratification vote by only one...

How Private Insurers Regulate Public Police

A string of deadly police-citizen encounters, made public on an unprecedented scale, has thrust American policing into the crucible of political conflict. New social movements have taken to the streets, while legislators have introduced a wide array of reform proposals. Optimism is elusive, however, as the police are notoriously resistant to change. Yet one powerful...

Registering Disagreement: Registration in Modern American Trademark Law

  Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or similar) marks is broken. Courts too readily find too many acts to be infringing even when they’re harmless or actually useful to consumers. Trademark practitioners, meanwhile, while often quite approving of...

The Law of Interpretation

The full text of this Article may be found by clicking on the PDF link to the left. How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover...

Music as a Matter of Law

What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation in the nineteenth century. Courts adopted the era’s dominant aesthetic view identifying melody as the site...

How To Keep Your Intellectual Property Safe

Small businesses are started with an idea, and many times with a proprietary one, which means that it is intellectual property and must be protected. To make sure no one takes your intellectual property, it’s important to know how it is defined and its different types. To understand this more thoroughly, key terms are outlined...

Outcast Lawyers in China

When Sui Muqing became a lawyer in 1993, he couldn’t imagine that 25 years later he would become a “post-lawyer” (lvshihou), a self-deprecating term often used by lawyers in China who have been stripped of their license to practice. The authorities accused Sui Muqing of confronting a trial judge and separately of taking a picture...