PUBLICATIONS

In recent years, there has been a bevy of copyright lawsuits filed due to photographs posted on social media without the photographer's consent. More generally, this conflict arises in any situation where a copyrighted work represents an individual and the copyright owner withholds consent for the represented individual to post the work online. This Note poses and evaluates the following dilemma: do individuals have a right to use media in which they are represented? Additionally, if such a right exists, to what extent does it exist? This Note argues that the subject of a copyrighted work has an urgent personal interest in the use of such work, justifying a privilege to use the work that outweighs the author's copyright.

The Earned Income Tax Credit (EITC) suffers from two competing issues: incomplete take-up and overclaims — some eligible people do not claim the credit while some ineligible people do. This Note applies concepts from behavioral economics to these issues to determine why existing reforms have fallen short. This Note proposes the creation of an "opt-out" EITC system in which the IRS automatically determines EITC eligibility, and the harmonization of the EITC audit rate with the national audit rate, accompanied by a bundle of existing reform proposals.

Pretrial electronic monitoring has expanded dramatically as an alternative to cash bail, but defendants are routinely charged daily fees to wear ankle monitors — fees that can accumulate into thousands of dollars even for those never convicted. This Note argues that user fees for pretrial electronic monitoring are unconstitutional and counterproductive, and proposes their abolition. Drawing on due process doctrine, equal protection principles, and empirical research on the effects of monetary conditions of release, the Note argues that cost-shifting to pretrial defendants undermines the presumption of innocence and perpetuates wealth-based detention.

China is the most frequent target of antidumping (AD) filings and the sixth most frequent user of antidumping duties. This paper investigates the factors that influence China's decision to retaliate using AD filings from 1995 to 2015. An AD filing by China is considered retaliatory if it occurs within one year of an initial filing against them. The authors find that higher levels of China's country-specific imports, lower growth rates of Chinese GDP, and China's WTO membership increase the likelihood of retaliation. In contrast, higher import growth reduces AD retaliation.

Since 1964, the United States has applied a per se standard in post-expiration patent royalty cases. While heavily criticized in Aronson v. Quick Point Pencil Co., Scheiber v. Dolby Labs, Zila Inc. v. Tinnell, and Kimble v. Marvel, the rule has been maintained. This article examines post-expiration patent royalties through the legal background of Kimble v. Marvel and analyzes the case for shifting from the per se rule to the rule of reason drawn from antitrust law, arguing that the change would improve market efficiency and spur innovation.