The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasticity of “Public Use” The Fifth Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, solemnly asserts that “private property [shall not] be taken for public Read more…
What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension In the contemporary global economy, the corporate lawyer occupies a central role as a legal architect, negotiator, and guardian of institutional compliance. Often perceived as the silent force behind mergers, billion-dollar transactions, and regulatory navigation, the corporate Read more…
Accession Doctrine: When Does Raw Material Become Someone Else’s Property?From Roman Law to 3D Printing Disputes I. Introduction: The Puzzle of Ownership Transformation The doctrine of accession, a principle rooted in Roman law, addresses a deceptively simple question with profound philosophical and legal implications: When does something that originally belonged Read more…
The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction The First Sale Doctrine is a cornerstone of American copyright law, enshrined in §109 of the U.S. Copyright Act. It limits the rights of copyright holders by Read more…
B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work? I. Introduction The tension between profit maximization and social responsibility lies at the heart of modern corporate governance. Traditionally, Anglo-American corporate law has been grounded in the principle of shareholder primacy—the notion that a corporation’s ultimate goal is to increase Read more…
Extraterritoriality: Can One Nation Prosecute Crimes Abroad? The principle of extraterritoriality—where a state asserts legal jurisdiction over conduct occurring outside its territory—stands as one of the most debated doctrines in international law. It treads a delicate line between the imperatives of global justice and the foundational norms of state sovereignty. Read more…
Patentable Subject Matter: The Boundaries of § 101 I. Introduction What is a Patentable Subject Matter? Patent law in the United States is grounded in a constitutional mandate to “promote the progress of science and useful arts.” Codified primarily in Title 35 of the U.S. Code, the law provides inventors Read more…
USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions I. Introduction The USA PATRIOT Act, formally titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was enacted swiftly in the aftermath of the September 11 terrorist attacks. Heralded as Read more…
The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative StateExamining the Constitutional Limits on Congress’s Ability to Delegate Legislative Power I. Introduction At the heart of the American constitutional structure lies the principle of separation of powers: legislative, executive, and judicial powers are allocated among distinct branches of government. Read more…