The Actavis Inference: Theory And Practice,
2015
University of California - Berkeley
The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
All Faculty Scholarship
In FTC v. Actavis, Inc., the Supreme Court considered "reverse payment" settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition.
This paper is an effort to assist courts …
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System,
2015
West Virginia University
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts,
2015
University of Michigan Law School
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Articles
This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to …
Lawyered Up: Local Communities, Courts, And Urban Renewal,
2015
Macalester College
Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin
Sociology Honors Projects
What is the role of the judicial system in solving issues of urban renewal? I propose that communities use courts as a redress to become part of the decision making process on urban renewal issues, because courts provide procedural issues that are easily open to challenge in federal statute. I analyze public statements made throughout the construction of the Green Line in Minneapolis and St. Paul, Minnesota, a federally funded urban renewal project. In spite of built in public consultation processes, changes to transit design do not occur when concerns are raised at public consultation meetings; instead, they come from …
Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals,
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 heightened creativity in …
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.,
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,
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.
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld),
2015
Bond University
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor
Narelle Bedford
This article examines the history and development of vexatious proceedings legislation in Queensland. It undertakes a case study of declared vexatious litigants and analyses the effectiveness of a legislative response. In light of recent national and international reforms, this article argues that the current legislative approach to dealing with vexatious proceedings in Queensland is no longer model and requires reformulation. It asserts that a system of graduated litigation limitation orders would provide for a more nuanced response to the issue of vexatious and querulous behaviour. The article concludes by emphasising the value of a multidimensional approach which includes practical, early …
Four Decades Of Federal Civil Rights Litigation,
2015
Cornell Law School (deceased)
Four Decades Of Federal Civil Rights Litigation, Theodore Eisenberg
Cornell Law Faculty Publications
Civil rights cases constitute a substantial fraction of the federal civil docket but that fraction has substantially declined from historic peaks. Trial outcomes, as in other areas of law, constitute a small fraction of case terminations and have changed over time. The number of employment discrimination trials before judges has been in decline for about 30 years, a trend also evident in contract and tort cases. The number of employment trials before juries increased substantially after the enactment of the Civil Rights Act of 1991 but has been in decline since 1997. In constitutional tort cases, the number of judge …
Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo,
2015
Universidad Nacional de Mar del Plata
Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario crítico del decreto 202/2015 (Argentina) que reglamenta el Sistema de resolucion de controversias en materia de consumo. Se critica la falta de mecanismos para la ejecución de acuerdos conciliatorios y resoluciones administrativas que reconocen derecho a los consumidores.
Crowdsourcing (Bankruptcy) Fee Control,
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 nor control professional overcharging, which empirical …
Solving The Puzzle Of Transnational Class Actions,
2015
Cornell Law School
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Cornell Law Faculty Publications
How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The dominant approach has been an exclusionary one, dropping the absentees from the class. This essay instead recommends an inclusionary approach, so that all the foreigners would remain members of the class in transnational class actions. But the court should create a subclass in damages actions for the foreign claimants who might have an incentive to sue again; the subclass would proceed by the accepted technique of claims-made recovery, so that the subclass members could …
American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines,
2015
Texas A&M University School of Law
American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines, Tanya Pierce
Tanya Pierce
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions,
2015
Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court,
2015
Drexel University Earle Mack School of Law
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf
Michael C. Dorf
In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …
Mass Torts And The Rhetoric Of Crisis,
2015
Cornell Law School
Mass Torts And The Rhetoric Of Crisis, John A. Siliciano
John A. Siliciano
No abstract provided.
The Court Vs. Educational Standards,
2015
Cornell Law School
The Court Vs. Educational Standards, Michael Heise
Michael Heise
No abstract provided.
Why Adr Programs Aren’T More Appealing: An Empirical Perspective,
2015
Cornell Law School
Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise
Michael Heise
Standard law and economic theory suggests that litigating parties seeking to maximize welfare will participate in alternative dispute resolution (ADR) programs if they generate a surplus. ADR programs claim to generate social surplus partly through promoting settlements and reducing case disposition time. Although most associate ADR programs with trial courts, a relatively recent trend involves appellate court use of ADR programs. The emergence of court-annexed ADR programs raises a question. Specifically, if ADR programs achieve their goals of promoting settlements and reducing disposition time, why do some courts find it necessary to impose ADR participation? Attention to ADR’s ability to …
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy,
2015
Cornell Law School
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise
Michael Heise
No abstract provided.
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy,
2015
Cornell Law School
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise
Michael Heise
High-stakes testing policies did not emerge in an education policy vacuum. Part I of this Article includes a brief description of the major high-stakes tests and their policy rationales. Part II surveys recent litigation challenging one distinct genre of high-stakes testing-high school exit exams. Two cases illustrate courts' current posture toward legal challenges of exit exams. Part III reviews evidence of courts' increased sensitivity to the policy consequences attributable to court decisions that interfere with the implementation of exit exams. Part IV concludes and notes the important normative questions raised by judges' concerns with policy consequences flowing from their decisions.
