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Litigating Animal Disputes: A Complete Guide For Lawyers (Introduction), Joan Schaffner, Julie L. Fershtman
Litigating Animal Disputes: A Complete Guide For Lawyers (Introduction), Joan Schaffner, Julie L. Fershtman
GW Law Faculty Publications & Other Works
This chapter introduces the topics discussed throughout the book and describes the development of the field of animal law. Most of the issues pertain to state law, and the introduction notes that the book provides sample documents that practitioners will find useful.
The Case For Registering Patents And The Law And Economics Of Present Patent-Obtaining Rules, F. Scott Kieff
The Case For Registering Patents And The Law And Economics Of Present Patent-Obtaining Rules, F. Scott Kieff
GW Law Faculty Publications & Other Works
(Note: this is a substantially revised version of Harvard Olin Working Paper No. 415 of May 2003, SSRN Abstract ID No. 392202 (http://ssrn.com/abstract=392202) and includes more detailed discussion of issues including the DOE, willfulness and the Knorr decision, and the FTC Report on patents and antitrust.)
Critics of the patent system suggest the rules for determining patentability should be stricter, subjecting patents to more scrutiny during Patent Office examination. This Article offers a counterintuitive model system under which patent applications are registered, not examined, to elucidate a new normative view that sees present positive law rules for obtaining patents as …
A Compromise Approach To Compromise Verdicts, Michael B. Abramowicz
A Compromise Approach To Compromise Verdicts, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
Although one of the legal system’s most salient attributes is its insistence that a civil jury choose the story of one party over that of another, scholars have thus far paid almost no attention to the possibility of replacing the preponderance-of-the-evidence rule with an alternative that is not “winner-take-all.” This Article focuses on the issue of uncertainty about what the defendant did or whether the plaintiff was injured, offering an alternative to the extremes of all-or-nothing and compromise verdicts. It considers the possibility that, while sometimes an all-or-nothing verdict is appropriate, at other times a compromise verdict would be better. …
What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner
What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner
GW Law Faculty Publications & Other Works
This essay, included in a 1999 special issue examining the Contract Disputes Act (CDA) of 1978 at its twentieth anniversary, begins from the premise that the statute's critics have valid reason to perceive that the CDA fails to provide a "fair and balanced system of administrative and judicial procedures for the settlement of claims and disputes." The essay suggests a framework for a meaningful debate over what an improved and invigorated CDA should look like but, in the end, raises more questions than it answers. Its purpose is heuristic; to frame a debate (which many feel is long overdue) as …