Michigan Law Review Volume 114 Issue 8 2016 Front Matter Michigan Law Review Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Law Commons Recommended Citation Michigan Law Review, Front Matter, 114 MICH. L. REV. (2016). Available at: https://repository.law.umich.edu/mlr/vol114/iss8/5 This Front Matter is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. MICHIGAN. LAW REVIEW Vol. 114, No. 8 June 2016 CONTENTS ARTICLES THIN RATIONALITY REVIEW ..... Jacob Gersen & Adrian Vermeule 1355 THE SUPREME ASSIMILATION OF PATENT LAW .......... Peter Lee 1413 NOTES A DAY IN COURT FOR DATA BREACH PLAINTIFFS: PRESERVING STANDING BASED ON INCREASED RISK OF IDENTITY THEFT AFTER CLAPPER V AMNESTY INTERNATIONAL USA... Thomas Martecchini 1471 IMPROVING PATENT QUALITY THROUGH POST-GRANT CLAIM AMENDMENTS: A COMPARISON OF EUROPEAN OPPOSITION PROCEEDINGS AND U.S. POST-GRANT PROCEEDINGS ............. Jennifer R. Turchyn 1497 Except where otherwise expressly provided, the author of each Article, Essay, and Note in this issue has granted permission for copies of that Article, Essay, or Note to be made for educational use, provided that (i) copies are distributed at or below cost; (ii) the author and the Michigan Law Review are identified; (iii) prior written notice of the use is given to the Michigan Law Review Association; and (iv) proper notice of copyright is affixed to each copy, attributing copyright to the author. Michigan Law Review (ISSN 0026-2234) is published in October, November, December, February, March, April, May, and June. Subscriptions: United States, $60 per year in advance, eight numbers; Foreign, $70. Editorial and Business Offices: University of Michigan Law School, 625 S. State St., Ann Arbor, Michigan 48109-1215; [email protected] (Business); 734/647- 5817 (Fax). Website: http://www.michiganlawreview.org. Periodicals postage paid at Ann Arbor, Michigan and additional mailing offices. POSTMASTER: send address changes to Michigan Law Review, 625 S. State St., Ann Arbor, Michigan 48109-1215. Printed at Joe Christensen, Inc., Lincoln, Nebraska 68521. Recent Volumes: Single Issues $10, Book Review $16, and Special Issues $12, postpaid, at Editorial and Business Offices. Volumes 1 through 112, as well as single issues in those volumes, are available in print and microform from William S. Hein & Co., Inc., 2350 North Forest Road, Getzville, New York 14068. Because back stock of the Review is turned over to a dealer, back numbers are available to the Review for a short time only. We must therefore ask that subscribers report the nonreceipt of copies within six months of the mailing date. We gladly consider unsolicited manuscripts for publication via Scholastica. Citations in manuscripts should follow the form prescribed in The Bluebook: A Uniform System of Citation (19th ed. 2010) and The Chicago Manual of Style (16th ed. 2010). Please see our website for submission instructions. FIRST IMPRESSIONS The Online Companion of the Michigan Law Review Call for Submissions The editors of the Michigan Law Review invite essay submissions on current areas of legal thought and research for First Impressions, our online publication. First Impressions publishes op-ed style articles by academics, judges, practitioners, and law students, as well as timely responses to articles in the print journal of the Michigan Law Review. Our online companion quickly disseminates the legal community's initial impressions of important judicial decisions and legislative developments. First Impressions prefers submissions under 3,000 words and cannot accept essays over 3,500 words. Submissions should be written in a style accessible to a general audience of practitioners and policymakers. Pieces will be published on an expedited production schedule. Visit FirstImpressions at www.michiganlawreview.org. Please send questions and comments to the Executive Editors of FirstImpressions at [email protected]. NEW from CHICAGO Reason in Law REASON Ninth Edition in LAW Lief H. Carter and Thomas F. Burke "A superbly written, pedagogically rich, historically and concep- tually informed introduction to legal reasoning. ...The student becomes aware through analyses of illustrative cases that legal reasoning requires judges and lawyers to analyze the facts in a case V in light of legal rules, precedents, wider social reality, and normative values which are brought to the specific case .....This may well be the very best introductory text."-Law and Politics Book Review, praise for the previous edition Paper $35.00 The Money Problem Rethinking FinancialRegulation II Morgan Ricks "A terrific book packed with extremely interesting ideas about the MORGANNICKS foundation of banking and monetary institutions and how The Money Problem their reg- RETIININ FINANCIALREGULATION ulation might be reconceptualized. Ricks deftly navigates through the often complex terrain and offers an intriguing alternative to current approaches. The Money Problem is due significant attention from legal scholars, economists, and financial experts."-David A. Skeel, Jr., University of Pennsylvania Law School Cloth $45.00 Confident Pluralism Surviving and Thriving through Deep Difference CONFIDENT John D. Inazu "Confident Pluralismis important both as a theoretical book and as PLURALISM a practical one. Inazu's unusually thoughtful treatment builds on theories of pluralism to show how contemporary legal doctrine and civic engagement can and should put that pluralism into practice." JOHN D.INAZU -William Baude, University of Chicago Law School Cloth $29.00 The Supreme Court Review, 2015 Edited by Dennis J. Hutchinson, David A. Strauss, and Geoffrey R. Stone For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The University of Chicago Press Journals Cloth $75.00 ThUnierit of Chcg Prs ww@resuciag d UNIVERSITY OF MICHIGAN LAW SCHOOL Spring 2016 Administrative Officers MARK SCHLISSEL, B.A., M.D., PH.D., Presidentof the University MARTHA E. POLLACK, A.B., M.S.E., PH.D., Provost and Executive Vice Presidentfor Academic Affairs MARK D. WEST, B.A., J.D., Nippon Life Professor of Law, Dean DANIEL CRANE, B.A., J.D., Frederick Paul Furth, Sr Professor of Law, Associate Deanfor Faculty and Research MONICA R. HAKIMI, B.A., J.D., Professor of Law, Associate Deanfor Academic Programming DAVID SANTACROCE, B.A., J.D., LL.M., ClinicalProfessor of Law, Associate Deanfor ExperientialEducation DAVID H. BAUM, B.A., J.D., Assistant Deanfor Student Affairs MICHAEL DUBIN, B.S., M.A., Assistant Deanfor Development and Alumni Relations THERESA KAISER-JARVIS, B.A., B.S.J., ED.M, J.D., Assistant Dean for InternationalAffairs RAMjI KAUL, B.A., J.D., Interim Directorfor Career Planning LINDSEY STETSON, B.A., J.D., Assistant Dean for FinancialAid SARAH C. ZEARFOSS, A.B., J.D., Assistant Dean andDirector of Admissions ProfessorsEmeriti of Law LAYMAN E. ALLEN, A.B., M.P.A., LL.B. MARGARET JANE RADIN, A.B., M.F.A., J.D., LL.D., DAVID L. CHAMBERS, A.B., LL.B., Henry King Ransom Professor ofLaw Wade H. McCree, Jr. CollegiateProfessor of Law JOHN W REED, A.B., LL.B., LL.M., WHITMORE GRAY, A.B., I.D., LL.D. JUR.SC.D., LL.D., THOMAS A. GREEN, B.A., PH.D., J.D., Thomas M. Cooley Professorof Law John Philip Dawson Collegiate Professor of Law TERRANCE SANDALOW, A.B., J.D., JEROLD H. ISRAEL, B.B.A., LL.B., Edson R. Sunderland Professor of Law Alene and Allan E Smith Professorof Law E. PHILIP SOPER, B.A., M.A., J.D., PH.D., JOHN H. JACKSON, B.A., J.D., James V Campbell Professorof Law Hessel E. Yntema Professorof Law THEODORE J.ST. ANTOINE, A.B., J.D., CHARLES W JOINER, A.B., J.D. James E. and Sarah A. Degan Professor of Law YALE KAMISAR, A.B., LL.B., LL.D., JOSEPH VINING, B.A., M.A., I.D., ClarenceDarrow Distinguished University HarryBurns Hutchins Collegiate ProfessorofLaw Professor of Law LAWRENCE W WAGGONER, B.B.A., J.D., D.PHIL., THOMAS E. KAUPER, A.B., J.D., Lewis M. Simes Professor of Law Henry M. Butzel Professor of Law PETER K. WESTEN, B.A., J.D., RICHARD 0. LEMPERT, A.B., J.D., PH.D., FrankG. Millard Professor of Law Eric Stein DistinguishedUniversity Professor of JAMES BOYD WHITE, A.B., A.M., LL.B., Law and Sociology L. Hart Wright Collegiate Professor of Law SALLYANNE PAYTON, B.A., LL.B., JAMES J. WHITE, B.A., J.D., William W. Cook Professor of Law Robert A. Sullivan Professor of Law Professors of Law REUVEN S. AvI-YONAH, B.A., A.M., PH.D., J.D., PHOEBE C. ELLSWORTH, A.B., PH.D., Irwin I. Cohn Professor of Law Frank Murphy DistinguishedProfessor of Law SAMUEL BAGENSTOS, B.A., J.D. and Psychology Frank G. Millard Professor of Law RICHARD D. FRIEDMAN, B.A., J.D., D.PHIL., NICHOLAS BAGLEY, B.A., J.D. Alene and Allan F Smith Professor of Law MICHAEL S. BARR, B.A., M.PHIL., J.D. BRUCE W FRIER, B.A., PH.D., Roy F and Jean Humphrey Proffitt Professor of Law John and Teresa DArms Distinguished LAURA N. BENY, B.A., M.A., J.D., PH.D. University Professor of Classics and Roman Law EVAN H. CAMINKER, B.A., J.D. SAMUEL R. GROSS, A.B., J.D., Branch Rickey Collegiate Professor of Law Thomas G. and Mabel Long Professor of Law SHERMAN I. CLARK, B.S., J.D. MONICA R. HAKIMI, B.A., J.D. Kirklandand Ellis Professor of Law DANIEL HALBERSTAM, B.A., J.D. EDWARD H. COOPER, A.B., LL.B., Eric Stein CollegiateProfessor of Law Thomas M.