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Full-Text Articles in Law

Can Federal Courts Exercise Jurisdiction Over State Law Malpractice Claims Arising Out Of Patent Law Disputes?, Isaac C. Ta Jan 2013

Can Federal Courts Exercise Jurisdiction Over State Law Malpractice Claims Arising Out Of Patent Law Disputes?, Isaac C. Ta

St. Mary's Journal on Legal Malpractice & Ethics

Under 28 U.S.C. § 1338, federal courts generally have original jurisdiction over cases arising under federal civil law. Specifically, under 28 U.S.C. § 1338(a), federal courts have jurisdiction over cases brought under federal patent laws. As with any legal proceeding, the potential for legal malpractice as it relates to patent issues (e.g., proper patent filing) is very real. However, unlike patent law proceedings, legal malpractice is governed by state law.' When the two causes of action are intertwined, federal and state courts are presented with the issue of which court possesses proper jurisdiction. Some argue federal courts can properly exercise …


Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein Jan 2002

Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein

Faculty Articles

Addresses the need to remedy the disparity in academic achievement of black and white students and examines why this disparity continues to exist in spite of the desegregation decrees issued under "Brown." Reviews how a court decides whether a school district has complied with a desegregation decree. Explains why schools are being released from desegregation decrees despite achievement gap.