Two of IP law’s top scholars and practitioners discuss recent U.S. Supreme Court cases and challenges facing the field.
Articles in ‘Constitutional Law’
Of all its cases last term, the Supreme Court’s decision in Burwell v. Hobby Lobby attracted the most strident criticism. The Court held that Hobby Lobby, a family-owned, for-profit corporation that operates a successful chain of craft stores, could not be compelled to pay for health insurance covering abortion-inducing contraceptive [...]
There is a saying in the West, sometimes attributed to Mark Twain: “Whiskey is for drinking. Water is for fighting over.” Indeed, Westerners have been fighting over this scarce resource for decades, whether in intrastate conflicts like the “California water wars,” famously depicted by Jack Nicholson in Chinatown, or in [...]
Michael McConnell has a keen interest in how history can help us understand current constitutional issues. His research frequently begins with unearthing early controversies over constitutional provisions and then analyzing how those discussions could inform contemporary debates. Moving past the politically charged debate over “originalism,” and whether we should be [...]
Extreme partisanship seems to come in waves—the current one all but crushing compromise in the nation’s capitol. While political rancor may be hitting new heights, amplified by the advent of partisan talk shows, it has been building, according to former U.S. Senator Russell D. Feingold, a lecturer at Stanford Law School this year.