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From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedPatent litigation is regarded as the "neurosurgery of litigation. "To adjudicate these cases, judges must grasp complex technology underlying the claims at issue, notwithstanding the fact that many judges lack relevant...
From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedRecent years have seen an explosion of scholarship on "personalized law." Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every...
From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedINTRODUCTION When he was thirteen, Jonathan, a teenager from New Hampshire, was charged with simple assault after a fight with his father. (1) During his hearing in juvenile court, his father refused to pay the $275...
From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedINTRODUCTION The environment is susceptible to human harms because it lacks a voice of its own. Yet environmentalists have used their voices for generations to promote environmental protection, causing Congress to pass...
From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedCongress has developed a deeply problematic habit of aggrandizing itself by snatching cases from the Article HI courts. One form of contemporary case snatching involves directly legislating the outcome of pending...
From:William and Mary Law Review (Vol. 62, Issue 3) Peer-ReviewedDissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes...
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