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Articles 1 - 22 of 22
Full-Text Articles in Law
The Halo Effect: Willful Infringement And Enhanced Damages In Light Of Halo, Rachel Weiner Cohen, Holly Victorson, Kellye Quirk
The Halo Effect: Willful Infringement And Enhanced Damages In Light Of Halo, Rachel Weiner Cohen, Holly Victorson, Kellye Quirk
American University Law Review
The Supreme Court’s decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. overruled the United States Court of Appeals for the Federal Circuit’s longstanding Seagate test and empowered district courts to exercise their discretion in deciding whether to enhance damages for willful patent infringement. In the three years since the Halo decision, district courts have developed their own approaches to addressing willfulness allegations at the various stages of litigation, including pleading, summary judgment, trial, and post-trial. This Article observes trends in how district courts have addressed willfulness claims at each stage of litigation, highlights factors courts have considered when declining …
Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski
Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski
American University Law Review
No abstract provided.
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi
American University Law Review
No abstract provided.
Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud
Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud
American University Law Review
No abstract provided.
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin
2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin
American University Law Review
No abstract provided.
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
American University Law Review
No abstract provided.
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
American University Law Review
No abstract provided.
The Ethics Of Delaying Persecution, Lisa A. Dolak
The Ethics Of Delaying Persecution, Lisa A. Dolak
American University Law Review
No abstract provided.
The Exclusion Of Felons From Jury Service, Brian C. Kalt
The Exclusion Of Felons From Jury Service, Brian C. Kalt
American University Law Review
The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.
The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities.
One …
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 …
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
American University Law Review
No abstract provided.
Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice
American University Law Review
No abstract provided.
A Second Look At Amended Rule 11 , Theodore C. Hirt
A Second Look At Amended Rule 11 , Theodore C. Hirt
American University Law Review
No abstract provided.
Criminal Fraud , Ellen S. Podgor
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
American University Law Review
No abstract provided.
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.
The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha
The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha
American University Law Review
No abstract provided.
The New Activist Court , Donald H. Zeigler
The New Activist Court , Donald H. Zeigler
American University Law Review
No abstract provided.
International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney
International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney
American University Law Review
No abstract provided.
International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney
International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney
American University Law Review
No abstract provided.