Volume 59, Issue 2

The Wandering Doctrine of Constitutional Fact

One of the most misunderstood and undervalued subjects in federal jurisdiction is the doctrine of constitutional fact. The doctrine—which holds that courts must review factual determinations de novo where those…
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Access Barriers to Big Data

While data were always valuable in a range of economic activities, the advent of new and improved technologies for the collection, storage, mining, synthesizing, and analysis of data has led…
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Razing the Patent Bar

Innovation is vital to economic prosperity, and lawmakers consequently strive to craft patent laws that efficiently promote the discovery and commercialization of new inventions. Commentators have long recognized that legal…
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