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Articles 1 - 3 of 3
Full-Text Articles in Law
State Anti-Slapps And Erie: Murky, But Not Chilling, Yando Peralta
State Anti-Slapps And Erie: Murky, But Not Chilling, Yando Peralta
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note compares the different treatment of state anti-SLAPP laws in federal courts, especially in light of the Supreme Court’s decision in Shady Grove. This Note posits two reasons why special motions to dismiss should not apply in federal courts sitting in diversity jurisdiction. First, state anti-SLAPPs conflict directly with Rules 12 and 56 of the Federal Rules of Civil Procedure because these Federal Rules directly address the question as to dismissal on the pleadings and on summary judgment. Second, a finding that the state anti-SLAPP procedures conflict with the Federal Rules will not frustrate legislatures’ interests in swatting down …
Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach
Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach
Journal of Legal Education
No abstract provided.
Patent Exhaustion And Federalism: A Historical Note, Herbert J. Hovenkamp
Patent Exhaustion And Federalism: A Historical Note, Herbert J. Hovenkamp
All Faculty Scholarship
This essay, written as a response to John F. Duffy and Richard Hynes, Statutory Domain and the Commercial Law of Intellectual Property, 102 VA. L. REV. 1 (2016), argues that the patent exhaustion (first sale) doctrine developed as a creature of federalism, intended to divide the line between the law of patents, which by that time had become exclusively federal, and the law of patented things, which were governed by the states. Late nineteenth and early twentieth century courts were explicit on the point, in decisions stretching from the 1850s well into the twentieth century.
By the second half of …