Law Commons^™

Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …

Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean

Daniel Harris Brean

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman

Howard M Wasserman

Federal district courts are routinely issuing broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges laws not only against the named plaintiffs, but against all people and entities everywhere.

The first problem with these injunctions is one of nomenclature. “Nationwide” suggests something about the “where” of the injunction, the geographic scope in which it protects. The better term is “universal injunction,” which captures the real controversy over the “who” of the injunction, as courts purport to protect the universe of all …

The Cathedral' At Twenty-Five: Citations And Impressions, James Krier, Stewart Schwab

Stewart J Schwab

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

Introductory Note To Brief Of Amicus Curiae In Ebay V. Mercexchange, Robert P. Merges

Robert P Merges

No abstract provided.

Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug Rendleman

Doug Rendleman

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.

Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman

Doug Rendleman

None available

Equitable Discretion, Legal Duties, And Environmental Injunctions, Daniel A. Farber

Daniel A Farber

No abstract provided.

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

John F. Preis

Bankruptcy Federalism: A Doctrine Askew , Margaret Howard

Margaret Howard

No abstract provided.

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Doug Rendleman

No abstract provided.

Toward Due Process In Injunction Procedure, Doug R. Rendleman

Doug Rendleman

No abstract provided.

Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman

Doug Rendleman

No abstract provided.

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Doug Rendleman

No abstract provided.

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.

Statutory Violations And Equitable Discretion, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through the twentieth century free of the stress and strains that have belabored the common law. A closer analysis of the practice and logic of equity in the modern statutory context, however, undercuts that appearance of immutability. The resulting recasting of equitable doctrines has important implications, not only for equity theory, but also for contemporary legal analysis of administrative law, the relationship between courts and legislatures, and modern pluralistic democracy.

The Accession Insight And Patent Infringement Remedies, Peter Lee

Peter Lee

How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this merely highlights the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset.

This Article draws on accession—a physical property doctrine with roots in Roman civil …