Connecticut Law Review Volume 48 - Issue 2

The Psychology of Patent Protection

This Article offers the first comprehensive assessment of the major justifications for our patent system using a behavioral psychology framework. Applying insights from the behavioral literature that I argue more accurately account for the realities of human action than previous analytical tools, I critically evaluate each of the major justifications for patents—incentive theory, disclosure theory, […]

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Private Offerings and Public Ends: Reconsidering the Regime for Classification of Investors Under the Securities Act of 1933

Investment in private offerings of securities, those that take place off of public exchanges and that are exempt from federal disclosure rules applicable to public offerings, is primarily available to investors on the basis of wealth. The wealthy are presumed sophisticated enough to make informed decisions about what to buy without mandatory disclosures applicable to […]

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Destabilizing Property

Property theory has entered into uncertain times. Conservative and progressive scholars are, it seems, fiercely contesting everything, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe property law could and should work, though […]

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Transformative Teaching and Educational Fair Use After Georgia State

The Supreme Court has said that copyright’s fair use doctrine is a “First Amendment safety valve” because it ensures that certain crucial cultural activities are not unduly burdened by copyright. While many such activities (criticism, commentary, parody) have benefited from the courts’ increased attention to First Amendment values, one such activity, education, has been mired […]

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Unifying Depreciation Recapture

To achieve fairness and accuracy, an income tax system must accomplish two objectives: allow depreciation deductions for the erosion in the value of assets used to produce income, and correct errors that may result from excessive depreciation allowances. The Internal Revenue Code currently fares well in accomplishing the first objective but conspicuously fails to achieve […]

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Is the Future of the American Dream Bright?: A Panel of the 2014 Federalist Society National Lawyers Convention

The following remarks were given on November 15, 2014 during a panel of the 2014 Federalist Society National Lawyers Convention. The panel sought to answer the following questions: What is the future for our young—for the best and brightest—and for everyone else? Does the American Dream still apply? Does our current legal and regulatory system […]

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Proportional Union or Paper Confederacy?

American Founders worked tirelessly to end the lack of representation colonists had faced under British rule. The Constitution requires that each state be apportioned a proportional number of representatives in the House of Representatives. Throughout the first 120 years of the nation’s history, the size of the House increased in proportion to population. Though population […]

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