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Full-Text Articles in Law

A Proposal For Improving Argument Before The United States Supreme Court, Louis Sirico Dec 2014

A Proposal For Improving Argument Before The United States Supreme Court, Louis Sirico

Louis J. Sirico Jr.

With rare exceptions, the U.S. Supreme Court allots thirty minutes to each side for oral argument. A review of transcripts and recordings of oral arguments confirms that the Court poses questions and makes comments with remarkable frequency. When students and lay people listen to the recordings, they may remark on the constant interruptions and view the Justices as rude interrogators. With the many questions that the Justices have and the limited time available, the advocates have little opportunity to present their arguments fully. The Justices may interrupt counsel with questions concerning the law or the relevant facts of a case. …


The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt Dec 2014

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to regulate development …


Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr. Dec 2014

Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr.

Louis J. Sirico Jr.

In contrast to an earlier era, today’s oral advocate can expect Supreme Court justices to start asking questions earlier and often. Consequently, the advocate should expect to launch the argument with only a few sentences before the questions begin. These critical sentences offer the brief opportunity to introduce the theme of the subsequent argument. Advocates in other “hot bench” courts face the same challenge.
Our study of opening statements in Supreme Court oral arguments finds that the statements have one of three themes: a conventional legal argument, a policy argument, or a narrative argument. The conventional legal argument is the …


Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson Dec 2014

Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson

J. Jonas Anderson

The US Supreme Court's difficulty in promulgating a standard for patent-eligibility has not gone unnoticed in the academy. Hundreds of academic conferences, including this one, have been devoted to the topic. The goal of this Article is not to solve the seemingly intractable problem of patent-eligibility doctrine. The goal of this Article is rather more modest. Instead of normatively assessing patent-eligible subject matter doctrine, this Article seeks to identify which foundational theories of patent-eligible subject matter can most readily be applied by courts and the US Patent and Trademark Office via Section 101. In doing so, this Article categorizes the …