The University of Chicago Law Review Dialogue
Grassroots Innovation & Regulatory Adaptation
Richard A. Epstein
Jordan M. Barry & Paul L. Caron
Roberta A. Kaplan & Michael L. Nadler
Self-Regulation and Innovation in the Peer-to-Peer Sharing Economy (Forthcoming)
Molly Cohen & Arun Sundararajan
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For those who believe that legal rules are supposed to predictably map events onto outcomes, federal postconviction law is a frustrating mess. Most of those who try to make sense of it end up with some variant of a pretty cynical model: if the claimant is an inmate convicted in state court, then federal relief is unavailable. Some of us, however, remain cautiously receptive to theories that high-court habeas outcomes express a more complex function. In Habeas and the Roberts Court, Professor Aziz Huq establishes himself as the field’s foremost academic optimist.
81 U Chi L Rev Dialogue 108 [Essay PDF]
A response to 81 U Chi L Rev 519 [Article PDF]
Brian J. Love and Shawn Ambwani
In the roughly two years since inter partes review (IPR) replaced inter partes reexamination, petitioners have filed almost two thousand requests for the Patent Trial and Appeal Board (PTAB) to review the validity of issued US patents. As partial data on IPR has trickled out via the blogosphere, interest from patent practitioners and judges has grown to a fever (and sometimes fevered) pitch. To date, however, no commentator has collected a comprehensive set of statistics on IPR. Moreover, what little data currently exists focuses on overall institution and invalidation rates—data that, alone, gives us little idea whether IPR is thus far accomplishing its original goal of serving as an efficient alternative to defending patent suits filed in federal court, particularly those initiated by nonpracticing entities (NPEs).
81 U Chi L Rev Dialogue 93 [Essay PDF]