Bradley Lipton

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Trade Secret Law and the Changing Role of Judge and Jury

120 Yale L.J. 955 (2011). 

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Accountability, Deference, and the Skidmore Doctrine

119 Yale L.J. 2096 (2010).  This Note argues that government agencies should receive substantial deference when they interpret statutes informally under the standard of Skidmore v. Swift & Co. A key reason why courts defer to agencies is that agencies are more politically accountable than courts. Current legal scholarship, however, reflects an outdated view of accountability that does not reflect...