Volume 88.8
December
2021

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Volume 88.8
In Defense of 5G: National Security and Patent Rights Under the Public Interest Factors
Kenny Mok
B.A. 2016, Northwestern University; J.D. Candidate 2021, The University of Chicago Law School.

A big thank you to Professor Jonathan Masur for his advice on this piece.

From 2017 to 2019, two U.S. technology giants, Apple and Qualcomm, engaged in a war of patent suits across the world. One battle took place at the International Trade Commission (ITC), a federal agency that prevents patent-infringing products from entering the United States.

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Volume 88.8
Intellectual Property Norms in American Theater
Kelly Gregg
B.A. 2015, Stanford University; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to the editors of the University of Chicago Law Review, especially Will Strench, Conley Hurst, Henry Walter, and Tyler Wood.

Professor Robert Ellickson has proposed that a close-knit community will develop rules, customs, and traditions addressing property that maximize the group’s welfare—independent of government intervention.

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Volume 88.8
A Place Worth Protecting: Rethinking Cost-Benefit Analysis Under FEMA’s Flood-Mitigation Programs
Kelly McGee
B.A. 2017, Harvard University; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professor Lee Anne Fennell, Professor Jennifer Nou, Professor Mark Templeton, Phillip Kash, and the editors of the University of Chicago Law Review for their helpful conversations and insight.

In August 2017, Hurricane Harvey hit Harris County, Texas, causing $125 billion in damages and flooding 150,000 homes.

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Volume 88.8
Can Procedure Take?: The Judicial Takings Doctrine and Court Procedure
Rebecca Hansen
B.A. 2017, Brown University; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to Alec Mouser, Kelly Gregg, Henry Walter, Sam Sherman, Ryne Cannon, the University of Chicago Law Review editors, and Professors Lee Fennell and Lior Strahilevitz for their help and advice.

In response to the COVID-19 pandemic, several state legislatures and executives limited the circumstances in which landlords could evict their tenants. Predictably, many of these moratoria were met with challenges under the Fifth Amendment’s Takings Clause, which prohibits the government from taking private property for public use without just compensation.

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Volume 88.8
Textual Rules in Criminal Statutes
Joshua Kleinfeld
Professor of Law and (by courtesy) Philosophy, Northwestern University.

Twenty years ago, Professor William Stuntz wrote an arti-cle, The Pathological Politics of Criminal Law, that has become a classic of the field. His thesis was that criminal law is beset by political problems (mostly collusive incentives) that cause it to steadily expand, with ever more statutes criminalizing ever more conduct, and punishing more harshly as well.