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Jacob Gersen* and Adrian Vermeule** Under the Administrative Procedure Act, courts review and set aside agency action that is “arbitrary [and] capricious.” In a common formulation of rationality review, ...

Peter Lee* Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article ...

Thomas Martecchini* Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it ...

Jennifer R. Turchyn* Congress enacted the Leahy-Smith America Invents Act to encourage innovation, strengthen U.S. patents, and achieve greater uniformity with foreign patent systems. The America Invents Act ...

Alexander S. Birkhold* Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts.[1] Federal courts, however, have ...

Leah M. Litman* The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights ...

Eric S. Fish* In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for ...

Joseph Clarke Celentino* In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles ...

Erik Encarnacion* Brothers Henry McCollum and Leon Brown were tried and convicted for the rape and murder of an 11-year-old girl. McCollum faced the death penalty, Brown life incarceration. Roughly thirty years ...

Cass R. Sunstein* Many people, including many lawyers and judges, disparage law reviews and the books that sometimes result from them on the ground that they often deal with abstruse topics, of little interest to ...