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Holding Up And Holding Out, Colleen V. Chien 2015 Santa Clara University

Holding Up And Holding Out, Colleen V. Chien

Michigan Telecommunications and Technology Law Review

Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent ...


Defensa Posesoria Extrajudicial ¿El Artículo 920°, 921° Del C. C. Y El Artículo 603° Del C. P. C. Es Suficiente?, Ronald Benjamin Jallurana Añamuro 2015 UNAP

Defensa Posesoria Extrajudicial ¿El Artículo 920°, 921° Del C. C. Y El Artículo 603° Del C. P. C. Es Suficiente?, Ronald Benjamin Jallurana Añamuro

RONALD BENJAMIN Jallurana Añamuro

En rigor, es necesario delinear la naturaleza jurídica de la posesión para fortalecer la defensa posesoria extrajudicial.


The Economics Of Civil Procedure, Daniel M. Klerman 2015 USC Law School

The Economics Of Civil Procedure, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The economic analysis of procedure reduces most issues to direct costs and error costs. Direct costs are ordinary litigation costs. Error costs are the reduction in deterrence and the increase in chilling that result from inaccurate adjudication. The goal of procedure is the minimization of the sum of direct and error costs. This framework has been applied to many procedural issues, and this survey focuses on three: dispositive motions (motions to dismiss and summary judgment), discovery, and jurisdiction. Economic analysis has yielded significant insights in these areas, but important questions remain for future researchers. Because theory is often indeterminate, this ...


The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, Barry Kozak 2015 The John Marshall Law School, Chicago

The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, Barry Kozak

Barry Kozak

All attorneys who maintain client-lawyer relationships must continually, or at least periodically, assess each client’s mental capacity. Under the Model Rules of Professional Conduct, this assessment is a two-step process. First, the attorney must ensure that an individual has enough mental capacity to establish or maintain a normal client-lawyer relationship, and second, the attorney must ensure that the individual has enough mental capacity to legally-bind him or herself in the desired transaction or intended course of action. If the attorney determines that at any point in time, a particular client has diminished capacity, then Model Rule 1.14 requires ...


The Priest-Klein Hypotheses: Proofs, Generality And Extensions, Yoon-Ho Alex Lee, Daniel M. Klerman 2015 USC Gould School of Law

The Priest-Klein Hypotheses: Proofs, Generality And Extensions, Yoon-Ho Alex Lee, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Priest and Klein’s 1984 article, “The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Despite the article’s enduring influence, its results have never been formally proved, and doubts remain about their meaning, validity, and generality. This article makes five contributions. First, it distinguishes six distinct hypotheses plausibly attributable to Priest and Klein. Second, it mathematically proves or disproves them under the original model. Third, it raises a novel critique of the model—that it is non-Bayesian—and shows that most of the hypotheses remain valid under a modified model ...


Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel 2015 Touro Law Center

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel

Touro Law Review

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz 2015 Touro Law Center

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis 2015 Brown and Partners LLP and Osgoode Hall Law School

Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis

Western Journal of Legal Studies

Creating a comprehensive code of negotiation ethics for lawyers is a contentious issue. The Law Society of Upper Canada’s Rules of Professional Conduct currently offers little guidance regarding appropriate behaviour of lawyers during negotiations. Detractors argue that the negotiation process is too complex and fluid to be codified. This criticism is not fatal to the case for a code of negotiation ethics. Lawyers have moral and ethical standards within the profession and responsibilities to the public as conduits to legal remedies. This paper argues a code of legal ethics is necessary to uphold these standards. Such a framework should ...


Trending @ Rwu Law: Professor Niki Kuckes's Post: Litigation Academy Returns, Niki Kuckes 2015 Roger Williams University School of Law

Trending @ Rwu Law: Professor Niki Kuckes's Post: Litigation Academy Returns, Niki Kuckes

Blogs

No abstract provided.


Access To Cash, Access To Court: Unlocking The Courtroom Doors With Third-Party Litigation Finance, Sasha Nichols 2015 UC Irvine School of Law

Access To Cash, Access To Court: Unlocking The Courtroom Doors With Third-Party Litigation Finance, Sasha Nichols

UC Irvine Law Review

No abstract provided.


Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger 2015 University of Michigan Law School

Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger

UC Irvine Law Review

No abstract provided.


Differences In Expert Witness Knowledge: Do Mock Jurors Notice And Does It Matter?, Caroline T. Parrott, Tess M. S. Neal, Jennifer K. Wilson, Stanley L. Brodsky 2015 Taylor Hardin Secure Medical Facility, Tuscaloosa, AL

Differences In Expert Witness Knowledge: Do Mock Jurors Notice And Does It Matter?, Caroline T. Parrott, Tess M. S. Neal, Jennifer K. Wilson, Stanley L. Brodsky

Publications of Affiliated Faculty: Nebraska Public Policy Center

The knowledge of experts presumably affects their credibility and the degree to which the trier of fact agrees with them. However, specific effects of demonstrated knowledge are largely unknown. In this experiment, we manipulated a forensic expert’s level of knowledge in a mock-trial paradigm. We tested the influence of low versus high expert knowledge on mock juror perceptions of expert credibility, on agreement with the expert, and on sentencing. We also tested expert gender as a potential moderator. Knowledge effects were statistically significant; however, these differences carried little practical utility in predicting mock jurors’ ultimate decisions. Contrary to the ...


Rules Of Evidence And Liability In Contract Litigation: The Efficiency Of The General Dynamics Rule, Vlad Radoias, Simon J. Wilkie, Michael A. Williams 2015 Towson University

Rules Of Evidence And Liability In Contract Litigation: The Efficiency Of The General Dynamics Rule, Vlad Radoias, Simon J. Wilkie, Michael A. Williams

University of Southern California Legal Studies Working Paper Series

We examine rules of evidence and liability in contract litigation. When a contractor fails to perform, it has a legal defense that the buyer withheld private information relevant to the performance of the contract. Suppose the buyer claims that admitting evidence for the defense would compromise a valuable secret, e.g., a state secret, what should the legal rule be? We show that the evidentiary rules introduced by the Supreme Court in General Dynamics v. U.S. lead to a more efficient outcome than either a strict liability rule or an evidentiary rule requiring the disclosure of the buyer’s ...


Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson 2015 Louisiana State University Law Center

Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson

Alex T Robertson

In Louisiana construction cases, the timeliness of a third party claim for indemnity is contingent on both the profession of the defendant and where the plaintiff files the suit.[1] This moving target effect has roots in Louisiana’s adoption of a single peremptive statute for construction cases in lieu of the previously controlling liberative prescription statutes.[2] Louisiana instituted peremption to create a shorter and fixed period of time for the possibility of a design professional to be sued from a design, which has several positive consequences--judicial efficiency, higher quality of evidence in construction cases, positive economic impact and ...


Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach 2015 University of Pennsylvania Law School

Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach

Faculty Scholarship

This paper presents empirical evidence concerning the adjudication of defendant-filed summary judgment motions from nearly 2,000 randomly selected employment discrimination and contracts cases to try to assess Twombly and Iqbal’s performance in filtering cases according to merit. I first explain how such data might be helpful in such an assessment, taking into account the possibility that parties’ behavior might have changed following Twombly and Iqbal.

I then report results indicating that even using this large collection of data -- the most comprehensive data assembled to date to address this question -- we cannot tell whether “TwIqbal” supporters or critics are ...


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant 2015 University of Georgia School of Law

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley 2015 Continental Bank

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.


Crowdsourcing (Bankruptcy) Fee Control, Matthew Bruckner 2015 Howard University

Crowdsourcing (Bankruptcy) Fee Control, Matthew Bruckner

Matthew Adam Bruckner

In this article, I explore how crowdsourcing can help reduce the cost of professional representation in corporate bankruptcy cases. The cost of professional representation in bankruptcy cases is currently a hot topic, with oral argument haven taken place before the U.S. Supreme Court in Baker Botts L.L.P. v. Asarco, L.L.C. in February 2015, which case addressed various issues raised in my article.

In brief, the fees of lawyers, investment bankers, and other bankruptcy professionals has been spiraling out of control because chapter 11’s existing fee control system is broken. That system can neither identify ...


Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions, Gerald Lebovits

Gerald Lebovits

No abstract provided.


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