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Testing The Limits Of Trade Law Rationality: The Gpx Case And Subsidies In Non-Market Economies, Elliot J. Feldman, John J. Burke
Testing The Limits Of Trade Law Rationality: The Gpx Case And Subsidies In Non-Market Economies, Elliot J. Feldman, John J. Burke
American University Law Review
No abstract provided.
2012 Trademark Law Decisions Of The Federal Circuit, Molly R. Silfen, Jason W. Melvin, Andrew E. Renison
2012 Trademark Law Decisions Of The Federal Circuit, Molly R. Silfen, Jason W. Melvin, Andrew E. Renison
American University Law Review
No abstract provided.
Identity Crisis: Seeking A Unified Approach To Plaintiff Standing For Data Security Breaches Of Sensitive Personal Information, Miles L. Galbraith
Identity Crisis: Seeking A Unified Approach To Plaintiff Standing For Data Security Breaches Of Sensitive Personal Information, Miles L. Galbraith
American University Law Review
No abstract provided.
Ftc V. Labmd: Ftc Jurisdiction Over Information Privacy Is Plausible, But How Far Can It Go, Peter S. Frechette
Ftc V. Labmd: Ftc Jurisdiction Over Information Privacy Is Plausible, But How Far Can It Go, Peter S. Frechette
American University Law Review
No abstract provided.
Governing From The Pulpit: How The First Circuit In Aclu Of Massachusetts V. U.S. Conference Of Catholic Bishops Failed To Prevent A Government Agency From Unconstitutionally Contracting Its Duties To A Religious Institution, Anna M. Lashley
American University Law Review
No abstract provided.
2012 International Trade Law Decisions Of The Federal Circuit, John R. Magnus, Sheridan S. Mckinney
2012 International Trade Law Decisions Of The Federal Circuit, John R. Magnus, Sheridan S. Mckinney
American University Law Review
No abstract provided.
2012 Patent Law Decisions Of The Federal Circuit, Robert J. Smyth, David P. Bernstein, Adam D. Brooke, Rudolph Fink Iv, Nicholas J. Kim, Janice H. Lee
2012 Patent Law Decisions Of The Federal Circuit, Robert J. Smyth, David P. Bernstein, Adam D. Brooke, Rudolph Fink Iv, Nicholas J. Kim, Janice H. Lee
American University Law Review
No abstract provided.
How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey
How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey
American University Law Review
No abstract provided.
Going For Gold: The Meaning Of Commercial Activity In The Foreign Sovereign Immunities Act In The Race For Buried Treasure In Sunken Shipwreck, Zhen Song
American University Law Review
No abstract provided.
Outfoxing Alaska Hunters: How Arbitrary And Capricious Review Of Changing Regulatory Interpretations Can More Efficiently Police Agency Discretion, Brian J. Shearer
Outfoxing Alaska Hunters: How Arbitrary And Capricious Review Of Changing Regulatory Interpretations Can More Efficiently Police Agency Discretion, Brian J. Shearer
American University Law Review
No abstract provided.
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
American University Law Review
This Article proposes to balance the scale by providing principles for the reasonable construction of bad-faith and unfair claims settlement practices in statutes applicable to insurance. Part I examines the history and development of bad-faith law, and discusses the common structure of statutes giving rise to badfaith settlement claims. Part II presents general principles courts may apply to resolve an action alleging bad faith, and specific principles courts may apply to address common issues with many states’ statutes. Part III then evaluates the public policy involved in applying such principles to first-party claims where the insured suffers an injury and …
Should Summary Judgment Be Granted?, Bradley Scott Shannon
Should Summary Judgment Be Granted?, Bradley Scott Shannon
American University Law Review
This article discusses (and criticizes) the recent change from "shall" to "should" in Federal Rule of Civil Procedure 56 to describe the standard by which a federal district court is to decide a "properly made and supported" motion for summary judgment. The article concludes that the text of Rule 56, which formally provided that such a motion "shall" be granted, cannot plausibly be construed as meaning "should"; that this change was not supported by those authorities cited by the Federal Civil Rules Advisory Committee; and that, as a normative matter, "should" is an inappropriate standard in this context. Federal district …
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
American University Law Review
This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
American University Law Review
No abstract provided.