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Articles 1 - 14 of 14
Full-Text Articles in Legal History
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
All Faculty Scholarship
The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged threat to …
Engendering Legal History, Felice J. Batlan
Engendering Legal History, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps
Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps
All Faculty Scholarship
As part of a symposium on Bruce Springsteen and American law, this essay considers the themes explored by Springsteen in his song "Nebraska," which was inspired by the story of Charles Starkweather and Caril Anne Fugate, two young "lovers" who indulged in a remarkable course of violence in Nebraska during the 1950s. The essay asks to what extent the song, and the story, echo the themes of emigration and displacement that are key elements in the history and current reality of the American West. The essay compares the story of Starkweather and Fugate with the current case of Christian Longo, …
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Managing Gerrymandering, Mitchell N. Berman
Managing Gerrymandering, Mitchell N. Berman
All Faculty Scholarship
Last spring, in Vieth v. Jubelirer, the Supreme Court addressed a claim of unconstitutional partisan gerrymandering for the first time since having held such claims justiciable, 18 years earlier, in Davis v. Bandemer. Vieth was a fractured decision. All nine Justices agreed that partisan gerrymandering is of constitutional moment, a substantial majority declaring that excessive partisanship is unconstitutional. The Justices also united in rejecting the particular gerrymandering test advanced in Bandemer. There agreement ended. Four Justices proposed three tests to replace the unmeetable Bandemer standard. A four-member plurality would have overruled Bandemer more completely by holding that partisan gerrymandering claims …
Reconsidering The Dmca, R. Polk Wagner
Reconsidering The Dmca, R. Polk Wagner
All Faculty Scholarship
patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office
Preclusion In Class Action Litigation, Tobias Barrington Wolff
Preclusion In Class Action Litigation, Tobias Barrington Wolff
All Faculty Scholarship
"Despite the intense focus that courts and commentators have trained upon class litigation for the last twenty-five years, a central feature of the class-action lawsuit has received no sustained attention: the preclusive effect that a judgment in a class action should have upon the other, non-class claims of absentees. The omission is a serious one. If claim and issue preclusion were to operate in their normal mode when a claim is certified for class treatment, absentees would sometimes face a serious threat of having their high-value individual claims compromised. Such a threat, in turn, can create ex ante conflicts of …
Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward B. Rock
Symbiotic Federalism And The Structure Of Corporate Law, Marcel Kahan, Edward B. Rock
All Faculty Scholarship
No abstract provided.
The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo
The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo
All Faculty Scholarship
Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the "executive by committee" used by the Articles of Confederation in favor of a "unitary executive," in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …
International Legal Pluralism, William W. Burke-White
International Legal Pluralism, William W. Burke-White
All Faculty Scholarship
No abstract provided.
The Protestant Revolutions And Western Law, William Ewald
The Protestant Revolutions And Western Law, William Ewald
All Faculty Scholarship
No abstract provided.
Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii
Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii
Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.