Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Book reviews (1)
- Case law (1)
- Class actions (1)
- Class arbitration (1)
-
- Collective action waivers (1)
- Consumers (1)
- Discrimination (1)
- Empirical analysis (1)
- Fraud (1)
- Gay rights (1)
- Interpretation (1)
- Judges (1)
- Judicial decision making (1)
- Judicial process (1)
- Markman v. Westview Instruments Inc. (1)
- Mass torts (1)
- PHOSITA (1)
- Patent claims (1)
- Person having ordinary skill in the art (1)
- Pinello (Daniel) (1)
- Rule 23 (1)
- Social science evidence (1)
- Superguide Corp. v. DirecTV Enterprises (1)
- Terminology (1)
- Unconscionable contracts (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles
Michigan Law Review
It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …
The Changing Meaning Of Patent Claim Terms, Mark A. Lemley
The Changing Meaning Of Patent Claim Terms, Mark A. Lemley
Michigan Law Review
The claims of a patent are central to virtually every aspect of patent law. The claims define the scope of the invention, and their meaning therefore determines both whether a defendant's product infringes a patent and whether the patent is valid. One of the most significant aspects of patent litigation is "claim construction," the process of defining the words of the claim in other, theoretically clearer words. Courts construe the claims of the patent by starting with the plain meaning of their terms as they would be understood by a person having ordinary skill in the art, or PHOSITA. Claim …
Gay Politics And Precedents, Frank B. Cross
Gay Politics And Precedents, Frank B. Cross
Michigan Law Review
One can find many analyses of the development of gay rights law in America but none are so illuminating as Daniel Pinello's in his book Gay Rights and American Law. More significantly, while it offers a superb understanding of the recent record of gay rights litigation, the book provides a fine-grained and sophisticated understanding of judicial decisionmaking in this important and developing area of the law. Indeed, the value of the book for students of judicial decisionmaking even transcends its value for students of gay rights jurisprudence. Quantitative empirical studies of judicial decisionmaking, well established in political science, have …