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Articles 1 - 30 of 78
Full-Text Articles in Law
The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski
The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski
Touro Law Review
No abstract provided.
Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk
Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes
Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes
Chicago-Kent Journal of Intellectual Property
In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …
Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie
Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Georgia State University Law Review
The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith
The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith
University of Miami Race & Social Justice Law Review
No abstract provided.
What’S So Special About Patent Law?, Michael Goodman
What’S So Special About Patent Law?, Michael Goodman
Fordham Intellectual Property, Media and Entertainment Law Journal
The widespread belief that patent law is special has shaped the development of patent law into one of the most specialized areas of the law today. The belief in patent law’s exceptionalism manifests itself as two related presumptions with respect to the judiciary: first, that generalist judges who do not have patent law expertise cannot effectively decide patent cases, and second, that judges can develop necessary expertise through repeated experience with patent cases. Congress showed that it acquiesced to both views when it created the Federal Circuit and the Patent Pilot Program. In recent years, however, the Supreme Court has …
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
University of Richmond Law Review
No abstract provided.
Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber
Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber
University of Richmond Law Review
No abstract provided.
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
University of Richmond Law Review
Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …
Glimpses Of Marshall In The Military, Kevin C. Walsh
Glimpses Of Marshall In The Military, Kevin C. Walsh
University of Richmond Law Review
No abstract provided.
Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry
Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry
Vanderbilt Law Review
It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we should all take it very seriously indeed. Chemerinsky's thesis may be stated in a few sentences. The primary role of the Supreme Court, in his view, is to "protect the rights of minorities who cannot rely on the political …
Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia
Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia
Pace Law Review
This Article demonstrates, empirically rather than merely in theory, how a failure to do so leads to unreliable conclusions concerning the relationship between the Supreme Court and the circuit courts of appeal. Specifically, commentators routinely misapply facially accurate raw data regarding the rate at which the Court reverses circuit court decisions to support unreliable conclusions regarding the comparative degree of accord between the Court and individual circuits. Commentators and the popular press then employ these unreliable conclusions to draw unsupported inferences regarding the reasons for supposed discord between the Court and the circuits, and to urge fundamental institutional reforms ranging …
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
University of the District of Columbia Law Review
On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …
Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams
Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams
Public Land & Resources Law Review
In a 6-2 opinion delivered by Justice Kagan, the United States Supreme Court upheld FERC Order No. 745, which regulates the prices that wholesale market operators pay for demand response bids. At issue in the case was whether this regulation exceeded FERC’s wholesale regulation authority under the Federal Power Act, thereby impinging on retail markets under state regulation, and whether the pricing regulations within the rule were chosen in an arbitrary and capricious manner. The Court held Order No. 745 withstood both challenges.
Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman
Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman
Speaker & Gavel
In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
Touro Law Review
No abstract provided.
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Third Department, Rossi V. City Of Amsterdam, Aron Rattner
Third Department, Rossi V. City Of Amsterdam, Aron Rattner
Touro Law Review
No abstract provided.
First Department, People V Robinson, Courtney Blakeslee
First Department, People V Robinson, Courtney Blakeslee
Touro Law Review
No abstract provided.
First Department, People V. Mason, Kathleen Byrne
First Department, People V. Mason, Kathleen Byrne
Touro Law Review
No abstract provided.
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Touro Law Review
No abstract provided.
Supreme Court, Monroe County, People V. Dejac, Danielle Marks
Supreme Court, Monroe County, People V. Dejac, Danielle Marks
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Figueroa, Erik Lindemann
Supreme Court, Bronx County, People V. Figueroa, Erik Lindemann
Touro Law Review
No abstract provided.
Supreme Court, Queens County, People V. Amadeo, Erik Lindemann
Supreme Court, Queens County, People V. Amadeo, Erik Lindemann
Touro Law Review
No abstract provided.
Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow
Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow
Touro Law Review
No abstract provided.