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Full-Text Articles in Law

State Anti-Slapps And Erie: Murky, But Not Chilling, Yando Peralta May 2016

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 May 2016

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 Apr 2016

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 …