Articles Policing the Line: International Law, Article III, and the Constitutional Limits of Military Jurisdiction By Jonathan Hafetz This Article addresses an important but undertheorized question in existing jurisprudence and scholarship: the proper role of international law in determining the constitutional line between Article III courts and military commissions. This Article makes two principal arguments. …
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Articles Presidential Government and the Law of Property By Seth Davis This Article introduces a phenomenon that has been overlooked in the literature on property lawmaking: presidential governance of property law. On the conventional account, contributing to the development of the property system is about the last thing we would expect to see presidents doing. …
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Symposium Issue — Safety and Sustainability in the Era of Food Systems: Reaching a More Integrated Approach The Specter of Productivism and Food Democracy By Olivier De Schutter The productivist paradigm we have inherited from fifty years ago was shaped to respond to a very different set of problems than those we are facing today. The …
Thomas E. Fairchild Lecture: The War on Drugs By The Honorable William J. Bauer I was addicted to one drug and it was nicotine. From the time I was fourteen until I was fifty-something, I smoked the damn things. Now, I was under no illusion that I was doing my health any good. They used …
Tribute Stewart Macaulay: A Few Personal Reflections By Elizabeth Warren Stewart Macaulay has influenced legions of scholars. I count myself among their fortunate ranks. Book Review On the Empirical and the Lyrical: Review of Revisiting the Contracts Scholarship of Stewart Macaulay (Edited by Jean Braucher, John Kidwell & William C. Whitford) By Richard R.W. …
Articles Congressional Gridlock’s Threat to Separation of Powers By Michael J. Teter The principle of separation of powers serves as the foundation of our constitutional system. Though the doctrine’s meaning is somewhat amorphous, at its core rests a simple assumption: each branch must be able to fulfill its functional duties, while also serving to check …
Shubha Ghosh This is Professor Ghosh's reply to Mark A. Lemley's article, Software Patents and the Return of Functional Claiming, 2013 Wis. L. Rev. 905. The subject of Professor Lemley’s article, software patents, is timely and of social relevance. Software is everywhere, serving as tools to control and direct the flow of information and as modern-day gears and pulleys to operate everyday consumer products. As a critical input to many aspects of our contemporary life, the ability of a company to exclude others from software raises questions about the competitiveness and innovativeness of many industries. Since the 1960s, software patents have been a source of suspicion among those who want to keep software out of the clutches of big business. Professor Shubha Ghosh is the Vilas Research Fellow & Professor of Law at the University of Wisconsin Law School.
Articles Software Patents and the Return of Functional Claiming By Mark A. Lemley Commentators have observed for years that patents do less good and cause more harm in the software industry than in other industries such as pharmaceuticals. They have pointed to a variety of problems and offered a variety of solutions. While there is …