Harvard Journal of Law & Public Policy

Tri-annual journal featuring scholarly review of law and issues of importance to students, educators, and practioners.

Articles from Vol. 39, No. 1, Winter

Biologics in the Practice of Law
Biologics have come to occupy an increasingly important role in the medical industry, accounting for well over $200 billion in worldwide sales in 2014. Not surprisingly, biologics also occupy a prominent place in the practice of life-sciences law....
Current Issues in Patent Law and Policy
Patent law and policy have received a surprising amount of attention from courts and policymakers in recent years. (1) This attention is warranted because innovation policy is critical in determining the pace of innovation and the rate of economic...
How Innovation Makes Us More Equal
Inequality is said by many of our leading thinkers to be the defining issue of our time. Often, the reason given for the increase in inequality is located in innovation itself. Under this view, technology disproportionately increases the incomes of...
Innovation and Inequality: Conservative and Libertarian Perspectives
Advances in technology have changed the way we work and the jobs that are available. This presents a challenge for us all to consider--a challenge that is not new. It is one that was encountered during the Industrial Revolution and every major economic...
Innovation and Inequality: The Separability Thesis
The topic of this Essay concerns the interaction between innovation in areas of intellectual property on the one hand and the demand for greater equality of income and wealth in society on the other. Whatever one thinks of the latter objective, I think...
Let's Wait and See: A Perspective on Post-AIA Patent Reform
Twenty years ago, patent law was somewhat of a backwater practice, little noticed by corporate executives and business leaders outside of the patent arena. (1) Today, the environment has greatly changed. (2) Patent law issues are now regular fodder...
Measuring Diversity: Law Faculties in 1997 and 2013
"Equality can be measured. It can be put into numbers." (1) --Jesse Jackson Introduction I. So What: Which Groups Think Differently? II. What is Diversity? III. Data Sources IV. Race, Gender, Religion, and Party A. Underrepresented Groups...
Over-Rewarding Patenting: You Get What You Pay For
Patents are intended to create incentives for innovation and invention. (1) Whether they serve that purpose depends not only on how and under what circumstances patents are issued, but also on how and to what extent they are protected. Sound patent...
Preface
The American legal system as an institution is inherently conservative. It does not often undergo sudden, radical change, but rather tends to gently evolve over time. Yet in many ways our twenty-first century American society is quite the opposite....
Public Choice Theory and Occupational Licensing
b. The factual difficulty of analyzing bribery or extortion and political activity at the wholesale level It could be argued that the difficulty in determining the intent of a collective body makes unworkable a rule that legislation is illegitimate...
Why Are There So Few Conservatives and Libertarians in Legal Academia? an Empirical Exploration of Three Hypotheses
Introduction Imagine arriving in the United States in the 1950s. You know nothing about this country's past or present. You fall in love with baseball and attend numerous major league games, observing that there are very few black players. You hypothesize...
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