84.3
Summer
2017

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84.3
Making Mistakes about the Law: Police Mistakes of Law between Qualified Immunity and Lenity
Lael Weinberger
BA 2009, Thomas Edison State University; MA 2013, Northern Illinois University; JD Candidate 2018, The University of Chicago Law School; PhD Candidate, Department of History, The University of Chicago

While patrolling one night in 2014, police officer Jeff Packard noticed a car with a hole in one of its red taillights.

Constitutional Law Criminal Law Law Enforcement/Policing Qualified Immunity
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84.3
Associational Standing under the Copyright Act
Andreas M. Petasis
BA 2013, University of Southern California; JD Candidate 2018, The University of Chicago Law School

Imagine an author. One day, she sees a website that allows users to annotate short stories in an innovative way, providing a variety of short stories with which to experiment. As she peruses the site, she finds that some of the stories are actually hers.

Associational Standing Copyright Intellectual Property
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84.3
Schrödinger’s Cell: Pretrial Detention, Supervised Release, and Uncertainty
Eric J. Maier
BFA 2011, University of Michigan; JD Candidate 2018, The University of Chicago Law School

As quantum theory developed, Erwin Schrödinger began to explore the strange results the theory seemed to predict. Oversimplifying, quantum theory proposed that a single atom could be in two places at once but that observing the atom at one point would cause it to exist at only that point.

Criminal Law Sentencing Supervised Release
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84.3
Between Here and There: Buffer Zones in International Law
Eian Katz
BA 2013, Yale University; JD Candidate 2018, The University of Chicago Law School

On a December morning in 2015, H.A. left early from his home in central Gaza to tend to his fields of wheat, barley, peas, and fava beans a couple hundred meters from the Israeli border fence. He arrived to find a low-flying Israeli aircraft spewing a thick, white substance over his farmland as it traveled south along the Palestinian side of the divide.

Human Rights International Law War and Conflict
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84.3
Taming Cerberus: The Beast at AEDPA's Gates
Patrick J. Fuster
BA 2014, University of California, Berkeley; JD Candidate 2018, The University of Chicago Law School

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) established the current regime under which federal courts address petitions for a writ of habeas corpus by state prisoners.

Criminal Law Federalism Habeas Corpus
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84.3
Revitalizing the Law That “Preceded the Movement”: Associational Discrimination and the Rehabilitation Act of 1973
Bianca G. Chamusco
The University of Chicago; MA 2014, The University of Chicago; JD Candidate 2018, The University of Chicago Law School

A deaf man is admitted to the hospital for emergency surgery. The hospital, unable to locate an available American Sign Language interpreter, relies on the man’s children to communicate with him.

Americans with Disabilities Act Associational Standing Civil Rights Disability Law
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84.3
The Value of Accuracy in the Patent System
Stephen Yelderman
Associate Professor, Notre Dame Law School

For very helpful comments on prior drafts, I thank Michael Abramowicz, Robert Brauneis, Margaret Brinig, Kevin Collins, John Duffy, Jeanne Fromer, Timothy Holbrook, Bruce Huber, Dmitry Karshtedt, Daniel Kelly, Bruce Kobayashi, Mark Lemley, Alexandra Levy, Jonathan Masur, Mark McKenna, Robert Merges, Lisa Ouellette, Jason Rantanen, Michael Risch, and Neel Sukhatme. I also thank Joseph Nugent for his excellent research assistance.

Today, it is an almost universally accepted proposition that the patent system makes too many mistakes.

Intellectual Property Law and Economics Patent
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84.3
"Equal Right to the Poor"
Richard M. Re
Assistant Professor of Law, UCLA School of Law

Many thanks to Michelle Wilde Anderson, Will Baude, Josh Blackman, Sam Bray, Grace Bridwell, Craig Chosiad, Ryan Doerfler, Laura Donohue, Elliot Dorff, Greg Dubinsky, Kristen Eichensehr, Jonah Gelbach, Robert Goldstein, Mark Greenberg, Tara Leigh Grove, John McGinnis, Aaron Nielson, Jide Nzelibe, Jim Pfander, Alex Potapov, Sabeel Rahman, Larry Sager, Seana Shiffrin, Ganesh Sitaraman, Mila Sohoni, Sabine Tsuruda, Mark Tushnet, Margo Uhrman, David Waddilove, Eugene Volokh, Adam Winkler, Rebecca Zietlow, The University of Chicago Law Review, and participants in the Northwestern Constitutional Law Colloquium, the University of Pennsylvania Legislation Workshop, the Junior Scholars Federal Courts Workshop, and the UCLA School of Law Faculty Colloquium.

During the confirmation hearings for then-Judge John Roberts, Senator Richard Durbin asked about economic equality.

Courts Due Process Judges Judicial Decision-Making Poverty Law
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84.3
The Unexpected Role of Tax Salience in State Competition for Businesses
Hayes R. Holderness
Assistant Professor of Law, University of Richmond School of Law; JD, 2011, NYU School of Law; LLM, 2012, NYU School of Law

Many thanks to the faculty of the University of Illinois College of Law for the support and guidance provided to me while drafting this Article as a Visiting Assistant Professor of Law at the College. My particular gratitude belongs to John Colombo, Dhammika Dharmapala, David Gamage, Ari Glogower, Michael Hatfield, Paul Heald, Dick Kaplan, Bob Lawless, Laurie Malman, Arden Rowell, Erin Scharff, Darien Shanske, Jamelle Sharpe, Lesley Wexler, the participants at the 2016 Big Ten Junior Scholars Conference, and the participants at the Washington University Faculty Workshop Series for their time and insights regarding earlier drafts of this Article.

In 2012, Amazon agreed to invest $130 million in building two fulfillment centers and to create 1,500 jobs in New Jersey in exchange for the state relieving Amazon of its sales-tax-collection obligations.

Behavioral Economics Law and Economics State Law Tax Law

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