Tax Law

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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

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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...

 

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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

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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...