Symposium Issue — Beyond the Sentence: Collateral Consequences of Conviction Criminal Justice Reform: The Present Moment By Lynn Adelman I thank the editors of the Wisconsin Law Review for the opportunity to participate in a symposium …
Volume 2015, No. 1
Thomas E. Fairchild Lecture: Protecting the Fourth Amendment So We Do Not Sacrifice Freedom for Security By Collins T. Fitzpatrick After I was invited to speak, I gave a lot of thought to a topic …
2015 Senior Editorial Board Election Results
Wisconsin Law Review has named University of Wisconsin Law School student Cameron Marston as Editor-in-Chief for 2015–16. He replaces outgoing Editor-in-Chief Janel Bergsbaken. Senior board members for 2015–16 include: Samuel Robins, senior articles editor …
Wisconsin Law Review Online, 2015 Symposium
Is the Constitution failing? In what ways and how should we respond? Is it time to rewrite the Constitution?
On November 7, 2014, scholars from across the country met at the University of Wisconsin Law School to consider these crucial questions during a Symposium hosted by the Wisconsin Center for the Study of Liberal Democracy. Participants were invited to submit pieces on the topic, and Wisconsin Law Review is publishing the essays in its first-ever WLR Online Symposium. WLR Online is publishing the articles throughout the Spring 2015 semester, so please continue to check back for new additions.
Limelight v. Akamai: Limiting Induced Infringement
Michael A. Carrier
In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court addressed the relationship between direct infringement under § 271(a) of the Patent Act and induced infringement under § 271(b). The Court held that a defendant could be liable for inducing infringement of a patented process only if a single party would have been liable for performing all of the steps constituting direct infringement. In this short article, I provide the background to the opinion, discuss the ruling, and offer four lessons.
Michael A. Carrier is a Distinguished Professor at Rutgers School of Law.
From a Scream to a Whisper: The Supreme Court Does Little to Fix Its Bankruptcy Court Mess (Executive Benefits Insurance Agency v. Arkison (In re Bellingham))
Jonathan C. Lipson
Say what you will about Justice Clarence Thomas: unlike the protagonist in Elvis Costello’s paean to libidinal frustration, his unanimous opinion in Executive Benefits Insurance Agency v. Arkison (In re Bellingham), certainly resists many temptations left by its predecessor, Stern v. Marshall, to define what bankruptcy courts can and cannot do. Rather than take on Stern’s grand systemic concerns—the nature of the Article III “judicial power” —Bellingham whimpers out on a technicality, concluding that problems created by Stern can be statutorily “severed” and thus resolved with the slice of a judicial knife. [. . .] This essay briefly summarizes the problems created by Stern and five ways in which Bellingham failed to fix them.
Jonathan C. Lipson is the Harold E. Kohn Professor of Law at Temple University, Beasley School of Law.
Requiring Exhaustion for Cumulative Error Review of Harmlessness Does Not Add Up
Brian J. Levy
In January 2014, the Court of Appeals for the Third Circuit became the fifth circuit court to hold that a habeas corpus procedural rule — exhaustion — bars habeas petitioners from advancing all cumulative error arguments when they failed to raise cumulative error in their state court proceedings. Only one circuit — the Fifth Circuit — allows petitioners to raise cumulative error for the first time in his or her habeas appeal. This Essay argues that the plurality has erred.
Volume 2014, No. 6
Articles The Hidden Daubert Factor: How Judges Use Error Rates in Assessing Scientific Evidence By John B. Meixner & Shari Seidman Diamond In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a …
Volume 2014, No. 5
Articles Voter Privacy in the Age of Big Data By Ira S. Rubinstein This Article suggests that political dossiers may be the largest unregulated assemblage of personal data in contemporary American life. It analyzes the …
Response to Sanders: Ma’iingan as Property
Matthew L.M. Fletcher & Nicholas J. Reo
This is a reply to Jason Sanders’s student comment, Wolves, Lone and Pack: Ojibwe Treaty Rights and the Wisconsin Wolf Hunt, 2013 Wis. L. Rev. 1263.
Professor Matthew L.M. Fletcher is Professor of Law, Michigan State University College of Law, and Director of the Indigenous Law and Policy Center, and an Enrolled Member of the Grand Traverse Band of Ottawa and Chippewa Indians. Professor Nicholas J. Reo is Assistant Professor at Dartmouth College in the Native American and Environmental Studies Departments. Professor Reo is also an Enrolled Member of the Sault Ste. Marie Tribe of Chippewa Indians.