Cornell Law Review Volume 99 Issue 2

State Action, Government Speech, and the Narrowing Spectrum of Private, Protected Speech

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The New Group Pleading Doctrine

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Analyzing the Role of Non-Practicing Entities in the Patent System

Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: What are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This Essay makes two contributions to the discussion. First, we review a recent study, The Direct Costs from [...]

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The Direct Costs from NPE Disputes

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls”, have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising [...]

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Pre-Crime Restraints: The Explosion of Targeted, Noncustodial Prevention

This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples—terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to [...]

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Suspension and Delegation

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be [...]

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