2023

By Or Cohen-Sasson & Ofer Tur-Sinai. In recent years, the scientific community has faced a considerable problem—the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the nonreplicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are often not shared. In this Article, we address the replication crisis from the perspective of intellectual property (IP) law . . . Full Article.

By Gilat Juli Bachar. Are tort victims ever obligated to disclose the wrongdoing they suffered? This unanswered question demands our prompt attention given two recent trends: the prevalence of non-disclosure agreements concealing injustices such as sexual wrongdoing and police misconduct; and a new wave of sunshine-in-litigation laws attempting to curb confidentiality in at least a dozen states, from Tennessee to California. Such laws have sought to prioritize the public interest in information regarding certain harmful behavior over the interests of individual litigants. But, to date, scholars and policymakers have failed to identify one of the key justifications for curtailing the widespread practice of confidentiality in tort settlements. This Article is the first to fill this crucial gap, conceptualizing and delineating a disclosure duty owed by tort victims to others . .…

By Andrew D. Appleby & Tomer S. Stein. The binary legislative choice between state and federal regulation of a firm’s internal affairs is deeply entrenched in the existing literature and policy discussions. Alas, this regulatory menu contains a false and distortive dichotomy. The state-federal dichotomy is false because multistate formation and regulation of business entities are possible as well. This dichotomy is distortive because it deprives policymakers of the advantages of multistate corporations and other business entities. In this Article, we demonstrate that a multistate business entities regime can resolve multiple predicaments that presently bring about unfairness and inefficiencies in both business entities law and business entities taxation . . . Full Article.