Introduction: Disruptive Technologies and the Law

It’s great to be here with all of you. This symposium actually has its origins in a sort of technology: I was on a flight to Silicon Valley, and despite living thousands of miles away from him, bumped into Professor Desai. We got to talking about disruptive technology, and ultimately began spinning out thoughts on [...]

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Patents, Meet Napster: 3D Printing and the Digitization of Things

Digitization has reached things. This shift promises to alter the business and legal landscape for a range of industries. Digitization has already disrupted copyright-based industries and laws. As cost barriers fell, individuals engaged with copyrighted work as never before. Business-to-business and business-to- consumer models of industrial copyright faltered and, in some cases, failed. Industries were [...]

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Panvasive Surveillance, Political Process Theory, and the Nondelegation Doctrine

Using the rise of the surveillance state as its springboard, this Article makes a new case for the application of administrative law principles to law enforcement. It goes beyond asserting, as scholars of the 1970s did, that law enforce- ment should develop the types of rules that govern other executive agencies, by showing how the [...]

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Proximity-Driven Liability

This Article argues that commercial sellers’ growing information about, access to, and control over their products, product users, and product uses could significantly expand their point-of-sale and post-sale obligations toward people endangered by these products. This Article first describes how companies are embracing new technologies that expand their information, access, and control, with primary reference [...]

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Cooperative Federalism: A Viable Option for Implementing the Hague Convention on Choice of Court Agreements

“It has been said that arguing against globalization is like arguing against the law of gravity.”1 The effects of globalization are indisputable. With the growth of international commerce, private business relationships cross borders now more than ever. Along with the expansion of the global economy, however, disputes arising from private international business transactions have also [...]

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Playing Through the Haze: The NFL Concussion Litigation and Section 301 Preemption

While the NFL likely welcomes the long wait for the results of these and other studies, not everyone is so patient. By the beginning of 2012, over one thousand former NFL players (Players) had filed individual lawsuits against the League stemming from the concussion-related injuries they sustained playing football. The League moved to consolidate the [...]

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