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Articles 1 - 24 of 24

Full-Text Articles in Law

Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas Oct 2012

Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas

Faculty Publications

No abstract provided.


The Ontological Function Of The Patent Document, Andrew Chin Feb 2012

The Ontological Function Of The Patent Document, Andrew Chin

Faculty Publications

With the passage and impending implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of ...


The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin Jan 2012

The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin

Faculty Publications

The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently ...


The Family And The Market -- Redux, Maxine Eichner Jan 2012

The Family And The Market -- Redux, Maxine Eichner

Faculty Publications

No abstract provided.


Skilling And The Pursuit Of Healthcare Fraud, Joan H. Krause Jan 2012

Skilling And The Pursuit Of Healthcare Fraud, Joan H. Krause

Faculty Publications

No abstract provided.


Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller Jan 2012

Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller

Faculty Publications

No abstract provided.


Citizens United And The Roberts Court's War On Democracy, Gene Nichol Jan 2012

Citizens United And The Roberts Court's War On Democracy, Gene Nichol

Faculty Publications

No abstract provided.


Charles Dickens And Sovereign Debt, John V. Orth Jan 2012

Charles Dickens And Sovereign Debt, John V. Orth

Faculty Publications

No abstract provided.


Constitutional Branding, Michael J. Gerhardt Jan 2012

Constitutional Branding, Michael J. Gerhardt

Faculty Publications

No abstract provided.


"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter Jan 2012

"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter

Faculty Publications

No abstract provided.


Punctilios And Nonprofit Corporate Governance--A Comprehensive Look At Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen, Lisa Love Hazen Jan 2012

Punctilios And Nonprofit Corporate Governance--A Comprehensive Look At Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen, Lisa Love Hazen

Faculty Publications

No abstract provided.


Kickbacks, Honest Services, And Health Care Fraud After Skilling, Joan H. Krause Jan 2012

Kickbacks, Honest Services, And Health Care Fraud After Skilling, Joan H. Krause

Faculty Publications

No abstract provided.


Policing School Discipline, Catherine Y. Kim Jan 2012

Policing School Discipline, Catherine Y. Kim

Faculty Publications

No abstract provided.


Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau Jan 2012

Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau

Faculty Publications

No abstract provided.


Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller Jan 2012

Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.


Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller Jan 2012

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Faculty Publications

No abstract provided.


Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii Jan 2012

Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii

Faculty Publications

No abstract provided.


Responses To The Five Questions: Thoughts After A Decade, A. Mark Weisburd Jan 2012

Responses To The Five Questions: Thoughts After A Decade, A. Mark Weisburd

Faculty Publications

No abstract provided.


Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii Jan 2012

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.


State Debts & Federal Jurisdiction, John V. Orth Jan 2012

State Debts & Federal Jurisdiction, John V. Orth

Faculty Publications

No abstract provided.


Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol Jan 2012

Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol

Faculty Publications

No abstract provided.


State Budget Challenges And The Scourge Of Poverty, Gene Nichol Jan 2012

State Budget Challenges And The Scourge Of Poverty, Gene Nichol

Faculty Publications

No abstract provided.


National Healthcare And American Constitutional Culture, William P. Marshall Jan 2012

National Healthcare And American Constitutional Culture, William P. Marshall

Faculty Publications

No abstract provided.


Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman Jan 2012

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.