What’s the Beef? The FDA, USDA, and Cell-Cultured Meat
Over the past ten years, administrative law scholarship has increasingly focused on interactions between multiple agencies. As part of this trend, most scholars have . . .
What’s the Beef? The FDA, USDA, and Cell-Cultured Meat
Using AI to Analyze Patent Claim Indefiniteness
In this Article, we describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent . . .
Bankruptcy as Filtering Failure: Evidence of Filtering Failure in the U.S. Bankruptcy Process
The institution of bankruptcy law seeks to facilitate economic efficiency by enabling the reorganization of economically viable but financially distressed firms and facilitating the . . .
Selling and Abandoning Legal Rights
Legal rights impose concomitant legal burdens. This paper considers the valuation and disposition of legal rights, and legal burdens, when courts cannot be relied . . .
Optimizing Cybersecurity Risk in Medical Cyber-Physical Devices
Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host . . .
An Organizational Coase Theorem: Constitutional Constraints as Increasing in Exit Costs
Collective action at impersonal scale involves losses to autonomy by definition because of the need to centralize some measure of authority. This stands as . . .
Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative
The Federal Trade Commission’s initiative to use rulemaking powers to target “unfair methods of competition” under the FTC Act is part of a broader . . .
The Digital Markets Act and EU Antitrust Enforcement: Double & Triple Jeopardy
The European Union's Digital Markets Act will intersect with EU and national-level competition law in ways that subject tech platforms to the risk of double jeopardy and conflicting decisions for the same activity.
Federalism, Free Competition and Sherman Act Preemption of State Restraints
The Sherman Act establishes free competition as the rule governing interstate trade. Banning private restraints cannot ensure that competitive markets allocate the nation’s resources. . . .