Private Environmental Governance
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970–1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991–2012). Whether the appropriate next step is [...]
Patent Invalidity Versus Noninfringement
Most patent scholars agree that the Patent and Trademark Office grants too many invalid patents and that these patents impose a significant tax upon industry and technological innovation. Although policymakers and scholars have proposed various ways to address this problem, including better ex ante review by patent examiners and various forms of ex post administrative [...]
Becoming a Fifth Branch
Observers of our federal republic have long acknowledged that a fourth branch of government comprising administrative agencies has arisen to join the original three set forth in the Constitution. In this Article, we focus our attention on the emergence of yet another branch comprising financial self-regulatory organizations (SROs). In the late eighteenth century, long before [...]