Current Issue

Volume 90 , April 28, 2012
Prof. David Fagundes

Professor David Fagundes conducts an empirical study on how intellectual property is protected via social norms, rather than formal law, in the world of roller derby.  Fagundes delves into rule structure, registration system, and governance regimes that roller derby skaters have organically developed to protect the pseudonyms that they use in the rink.  Based on his findings, Fagundes asserts that IP norms emerge independently of the substantive law when the relevant group is close-knit and the norms are welfare enhancing.  He also suggests an alternative way of thinking...

Prof. Emily Kadens

Professor Emily Kadens counters the argument that the customary law merchant, uniformly and universally adopted across Europe, facilitated international trade.  Professor Kadens attacks two fundamental principles of this law merchant myth: that uniform and universal customary merchant law could have existed and that merchants needed it to exist.  Instead, Professor Kadens argues that merchants largely applied their own customs in medieval commercial transactions but that this usage did not hamper international trade because intermediaries such as brokers ensured that medieval...

Prof. Josh Blackman

Adam Winkler’s new book, Gunfight, tells the story of the battle over the right to bear arms in America.  The flow of Gunfight, which reads more like a page-turning...

Prof. Ariela J. Gross

Professor Ariela J. Gross reviews Tomiko Brown-Nagin’s Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement.  Gross views Brown-Nagin’s work as...

David E. Armendariz

Mr. David E. Armendariz addresses the phenomenon of trademark owners asserting their trademark rights against what he calls fans, emulators, and enthusiasts—groups that use the mark not to...

Amelia A. Friedman

Ms. Amelia Friedman dissects the clearly-established-law requirement in the qualified immunity doctrine in Section 1983 cases.  Friedman introduces the idea of the obvious case—in which...

Kristin M. Malone

Ms. Kristin Malone asserts that the goal of the Family Medical Leave Act, producing a workforce that does not discriminate against women on the basis of presumed obligations to private-sphere...