Escaping Entity-Centrism in Financial Services Regulation

By:  Anita K. Krug


In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric ...READ MORE

Missing the Forest for the Trolls

By:  Mark A. Lemley & A. Douglas Melamed


Patent trolls are increasingly blamed for the growing costs of patent litigation and seemingly excessive damages awards and patent royalties. There is much to support these allegations. Trolls now account for a majority ...READ MORE

Copyright Infringement Markets

By:  Shyamkrishna Balganesh


Should copyright infringement claims be treated as marketable assets? Copyright law has long emphasized the free and independent alienability of its exclusive rights. Yet, the right to sue for infringement—which copyright law grants authors in order to render ...READ MORE


Why Wright Was Wrong: How the Third Circuit Misinterpreted the Bankruptcy Code . . . Again

By:  Alisha J. Turak


Whether a right to payment is a “claim” is one of the most important determinations in bankruptcy because only “claims” are subject to the bankruptcy process, including the all-important automatic stay and discharge provisions. The Bankruptcy Code ...READ MORE

Smile for the Camera, the World Is Going to See That Mug: The Dilemma of Privacy Interests in Mug Shots

By:  Gregory Nathaniel Wolfe


Under the Freedom of Information Act (FOIA), individuals can request certain agency records, including mug shots, from federal agencies. Until 1996, the policy of the United States Marshals Service (USMS) was to use FOIA’s broad law enforcement ...READ MORE