Articles Written By: alr_rocks

Two of the most high-profile decisions in the Supreme Court’s October 2010 term were clear victories for freedom of speech. In Snyder v. Phelps, the Court considered whether the First…

In recent years, patent law’s inequitable conduct doctrine has attracted considerable attention from judges, legislators, patent lawyers, and commentators. This trend culminated most recently in Therasense, Inc. v. Becton, Dickinson…

Whether an act gives rise to liability should turn on its tendency to yield particular outcomes rather than on its ultimate effect, which may have resulted from extraneous factors beyond…

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of…

In recent years, the U.S. Supreme Court has been reluctant to respond favorably to constitutional challenges brought on the face of newly enacted state statutes. The facial challenge device has…

In Perry v. Schwarzenegger, Chief Judge Vaughn Walker held that Proposition 8—an amendment to the California Constitution that prohibits same-sex couples from marrying—violates the Due Process and Equal Protection Clauses…