Tax Law


Tax in the Cathedral: Property Rules, Liability Rules, and Tax, 99 Virginia Law Review 1169 (2013)

The distinction between property rules and liability rules has revolutionized our understanding of many areas...


Intellectual Property


Increased Market Power as a New Secondary Consideration in Patent Law, 58 American University Law Review 707 (2009)

Courts have developed nine non-technical secondary considerations to help juries and judges in patent litigation...



Profits as Commercial Success, 117 Yale Law Journal 642 (2008)

Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof...


Insurance Law

Civil Procedure


Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery, 62 Florida Law Review 1 (2010)

The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified...