Category: Volume 67, Issue 1

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Lesley Rae Hamilton Volume 67, Issue 1 It is a dynamic time for the legal profession. Law firms, big and small, are innovating the way they run their businesses and deliver their services, resulting in positive changes for both clients and attorneys. On the one hand, firms are increasingly placing emphasis on delivering…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Joan C. Williams, Aaron Platt, and Jessica Lee Volume 67, Issue 1, 1-84 For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group went, until recently. This is perhaps the first attempt…

[et_pb_row admin_label=”row” _builder_version=”3.0.48″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0|0px|27px|0px|false|false”][et_pb_column type=”4_4″ _builder_version=”3.0.47″][et_pb_text admin_label=”Text” _builder_version=”3.0.74″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] Erin C. Fuse Brown Volume 67, Issue 1, 85-142 Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Victoria Schwartz Volume 67, Issue 1, 143-94 When a photographer takes unauthorized aerial photographs of a company’s plant, the legal framework under which courts evaluate the case, as well as its likely outcome, depends on whether the photographer was hired by a private actor or the government. If a competitor hired the photographer,…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Kevin Lapp Volume 67, Issue 1, 195-258 Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a century of limited record-making and enhanced confidentiality regarding juveniles, these data collection…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Traci Aoki Volume 67, Issue 1, 259-92 Reverse payments are payments that are made as a component of a patent infringement settlement, between a brand-name pharmaceutical company to a competitor who is attempting to market a generic version of the patented brand-name drug. The patentee not only drops its patent infringement suit against…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Monder Khoury Volume 67, Issue 1, 293-322 In Anderson v. Evans, the Ninth Circuit held that the International Whaling Commission (“IWC”) Schedule’s approval of a quota to hunt whales for the Native American Makah Tribe (“Makahs”) violated the Marine Mammal Protection Act. The implications of this holding were troubling: despite the U.S. government…