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Full-Text Articles in Law

Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady Jan 2012

Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady

Villanova Law Review

The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.


Lawyering As Peacemaking, Angela P. Harris Jan 2012

Lawyering As Peacemaking, Angela P. Harris

Villanova Law Review

A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.


Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns Jan 2012

Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns

Villanova Law Review

The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.


The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes Jan 2012

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes

Villanova Law Review

SINCE 1938, Rule 8(a) of the Federal Rules of Civil Procedure (Federal Rules or Rules) has set the standard for how much a plaintiff must allege at the outset of a lawsuit in order to avoid dismissal for failure to state a claim. Rule 8 requires that a plaintiff must include in the complaint "a short and plain statement of the claim showing that the pleader is entitled to relief." Federal courts developed a well-settled set of principles to apply when deciding whether to dismiss a claim. Among these principles are the following: (1) the plaintiffs factual allegations are accepted …