Mark Glick, Catherine Ruetschlin, & Darren Bush Volume 72, Issue 2, 465-516 Big Tech is on a buying spree. Companies like Apple, Google, Facebook, and Amazon are gobbling up smaller companies at an unprecedented pace. But the law of competition isn’t ready for Big...
Nonmarket Criminal Justice Fees
Ariel Jurow Kleiman Volume 72, Issue 2, 517-564 The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling...
Innovation and Own Prior Art
Amy R. Motomura Volume 72, Issue 2, 565-626 This Article analyzes a conflict between innovation and the patent system: innovation is a dynamic, iterative process, but a patent reflects only a single snapshot in time. Despite extensive scholarly and judicial discussion...
Have You Updated Your Toaster? Transatlantic Approaches to Governing the Internet of Everything
Scott J. Shackelford & Scott O. Bradner Volume 72, Issue 2, 627-662 As Internet-connected devices become ubiquitous, it remains an open question whether security—or privacy—can or will scale, or whether a combination of perverse incentives, new problems, and new...
Reconsidering Dual Agency Conflicts in Residential Real Estate
Samuel Bayer Volume 72, Issue 2, 663-686 California has long permitted dual agency representation in residential real estate transactions, and consumers have long maligned the practice as presenting an unavoidable conflict of interest. However, dual agency provides...
“You Have to Understand”: The Saga of Longfin Corp. Reveals the Danger of Trading Halts Imposed by Self-Regulating Exchanges
Thomas Davis Volume 72, Issue 2, 687-718 Late 2017 marked, perhaps, the peak of Bitcoin frenzy. A number of specious, if not outright fraudulent issuers took advantage of this craze by publicly listing their stock while touting some connection to blockchain...