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Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold Dec 2006

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold

iBlawg

No abstract provided.


Ebay At Six Months: Four-Factor Confusion, Jim Sherwood Nov 2006

Ebay At Six Months: Four-Factor Confusion, Jim Sherwood

iBlawg

No abstract provided.


How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines Nov 2006

How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines

iBlawg

No abstract provided.


A Fair Use Response To Students' Intellectual Property Rights, Jared Slade Oct 2006

A Fair Use Response To Students' Intellectual Property Rights, Jared Slade

iBlawg

No abstract provided.


The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold Sep 2006

The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold

iBlawg

No abstract provided.


Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder Sep 2006

Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder

iBlawg

No abstract provided.


Eliding In New York, Monte Neil Stewart Jul 2006

Eliding In New York, Monte Neil Stewart

Duke Journal of Constitutional Law & Public Policy Sidebar

In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one in the …


The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit Jun 2006

The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.


Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton Apr 2006

Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton

Duke Journal of Constitutional Law & Public Policy Sidebar

In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.


A Writer Speaks Truth, Jay Dratler Jr. Apr 2006

A Writer Speaks Truth, Jay Dratler Jr.

iBlawg

No abstract provided.


Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor Mar 2006

Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor

iBlawg

No abstract provided.


Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin Mar 2006

Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin

Duke Journal of Constitutional Law & Public Policy Sidebar

Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.


Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay Mar 2006

Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay

Duke Journal of Constitutional Law & Public Policy Sidebar

When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be narrow.


Mayle V. Felix, Aleksandra Kopec Mar 2006

Mayle V. Felix, Aleksandra Kopec

Duke Journal of Constitutional Law & Public Policy Sidebar

Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."


The Google Library Project: When East Doesn't Meet West, Richard Epstein Feb 2006

The Google Library Project: When East Doesn't Meet West, Richard Epstein

iBlawg

No abstract provided.


Justin Hughe's Predictions For 2006: Part One, Justin Hughes Feb 2006

Justin Hughe's Predictions For 2006: Part One, Justin Hughes

iBlawg

No abstract provided.


James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle Feb 2006

James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle

iBlawg

No abstract provided.


Welcome To The Iblawg, Dltr Editorial Staff Jan 2006

Welcome To The Iblawg, Dltr Editorial Staff

iBlawg

No abstract provided.


When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2006

When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.


Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast Jan 2006

Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins Jan 2006

Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie Jan 2006

The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie

Faculty Scholarship

No abstract provided.


‘No Net Loss’ - Instrument Choice In Wetlands Protection, James Salzman, J.B. Ruhl Jan 2006

‘No Net Loss’ - Instrument Choice In Wetlands Protection, James Salzman, J.B. Ruhl

Faculty Scholarship

While not a high priority issue for most people, the public has long recognized the general importance of wetlands. Since President George H.W. Bush's campaign in 1988, successive administration have pledged to ensure there would be "no net loss" of wetlands. Despite these continuous presidential pledges to protect wetlands, in recent decades, as more and more people have moved to coastal and waterside properties, the economic benefits from developing wetlands (and political pressures on obstacles to development) have significantly increased. Seeking to mediate the conflict between no net loss of wetlands and development pressures, the U.S. Environmental Protection Agency (EPA) …


Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler Jan 2006

Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler

Faculty Scholarship

In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …


Agency Law In Cyberspace, Deborah A. Demott Jan 2006

Agency Law In Cyberspace, Deborah A. Demott

Faculty Scholarship

This short article articulates and defends the proposition that basic doctrines within common-law agency apply readily to transactions and other encounters effected through the internet. In cyberspace, as in physical space, common-law agency specifies the circumstances under which an actor's conduct should carry consequences for another person's legal position unless a statute provides otherwise. Recent cases illustrate an easy translation into cyberspace of concepts that are well-developed elsewhere, including the test of whether a particular relationship amounts to one of agency and whether a person acted with actual or apparent authority to bind another.


Who’S Afraid Of The Apa? What The Patent System Can Learn From Administrative Law, Stuart M. Benjamin, Arti K. Rai Jan 2006

Who’S Afraid Of The Apa? What The Patent System Can Learn From Administrative Law, Stuart M. Benjamin, Arti K. Rai

Faculty Scholarship

In recent years, widespread dissatisfaction with the perceived poor quality of issued patents has spurred a diverse range of groups to call for reform of administrative procedures. Strikingly, however, most calls for reform pay little attention to principles of administrative law. Similarly, judges (in particular the judges of the Federal Circuit) have treated patent law as an exception to the Administrative Procedure Act, and to administrative law more generally. In this Article, Professors Benjamin and Rai contend that this treatment is doctrinally incorrect and normatively undesirable. Standard principles of administrative law provide the appropriate approach for judicial review in the …


Arthur Taylor Von Mehren, 10. August 1922 - 17. January 2006, Ralf Michaels, Giesela Rühl Jan 2006

Arthur Taylor Von Mehren, 10. August 1922 - 17. January 2006, Ralf Michaels, Giesela Rühl

Faculty Scholarship

No abstract provided.


Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott Jan 2006

Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott

Faculty Scholarship

This paper is based on a keynote address to the 2006 annual workshop of the Australian Corporate Law Teachers' Association on "The Pathology of Corporate Law." The paper's thesis is that fuller understanding of many corporate malfunctions requires examination of organizational structures and patterns of interaction below the level of the board within a corporation's hierarchy. The paper argues that there is merit to mandating duties of skill and care at the executive level, drawing on examples of executive conduct in recent corporate fiascos. The paper also explores the application of the business judgment rule to officers. As conventionally formulated, …


The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz Jan 2006

The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz

Faculty Scholarship

Lawyers, increasingly, are scrutinized as to their public responsibility when companies fail, particularly where the lawyer's involvement with the failed company is nontraditional and, arguably, intertwined with the failure. One of the least traditional roles of lawyers today is as counsel in structured finance transactions. This article focuses on the public responsibility of lawyers involved in these transactions.


Automatic Perfection Of Sales Of Payment Intangibles: A Trap For The Unwary, Steven L. Schwarcz Jan 2006

Automatic Perfection Of Sales Of Payment Intangibles: A Trap For The Unwary, Steven L. Schwarcz

Faculty Scholarship

Under Section 9-309(3) of the Uniform Commercial Code, sales of "payment intangibles" are automatically perfected without the requirement of filing financing statements. Originally intended as a concession to the banking industry (to perfect sales of loan participations without filing), this provision has become a trap for the unwary-including unwary banks. It misleads those who think they're buying payment intangibles (and thus need not file to perfect) only to find out, too late, that a court has construed that arcane definition too narrowly. It also undermines the ability to know one's priority in purchased or pledged payment intangibles. This essay analyses …