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The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy Jan 1992

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …


European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel Jan 1992

European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel

Faculty Scholarship

The purpose of this article is to analyze the federal character of the European Community with particular reference to its relation to the new democracies of central and eastern Europe. This article consists of five parts. In Part I, the Court of Justice's constitutional doctrines describing the supranational character of the Community will be presented. Parts II and III will outline and analyze the Community's scope of action and its institutional structure, both as originally conceived and as modified by its history, notably by the SEA. Part IV will review and analyze the most important changes affecting the Community's scope …


Sensing The Constitution In ‘Feist’, David L. Lange Jan 1992

Sensing The Constitution In ‘Feist’, David L. Lange

Faculty Scholarship

The United States Supreme Court's decision in 'Feist Publications, Inc. v. Rural Telephone Service Co.' has invited analysis along many lines of inquiry. In most instances, the practitioners and scholars who have considered the case have brought to their work an admirable pragmatism and focus for which one can be grateful. Taking a non-pragmatic approach Professor Lange asks, Is Feist just another in a long series of false starts, missed opportunities, and wrong turns on the road to constitutional harmonization in the field of intellectual property in America? Or is it possible that what makes Feist worthy of the close …


The Unfair Criticism Of Medical Malpractice Juries, Neil Vidmar Jan 1992

The Unfair Criticism Of Medical Malpractice Juries, Neil Vidmar

Faculty Scholarship

No abstract provided.


Teaching Law In The Antebellum Northwest, Paul D. Carrington Jan 1992

Teaching Law In The Antebellum Northwest, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Law And Chivalry: An Exhortion From The Spirit Of The Hon. Hugh Henry Brackenridge Of Pittsburgh (1748-1816), Paul D. Carrington Jan 1992

Law And Chivalry: An Exhortion From The Spirit Of The Hon. Hugh Henry Brackenridge Of Pittsburgh (1748-1816), Paul D. Carrington

Faculty Scholarship

No abstract provided.


Diversity!, Paul D. Carrington Jan 1992

Diversity!, Paul D. Carrington

Faculty Scholarship

No abstract provided.


One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington Jan 1992

One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Judicial Review Of Findings Of Fact, George C. Christie Jan 1992

Judicial Review Of Findings Of Fact, George C. Christie

Faculty Scholarship

No abstract provided.


Down The Rabbit-Hole And Into The Nineties: Issues Of Accountability In The Wake Of Eighties-Style Transactions In Control, Deborah A. Demott Jan 1992

Down The Rabbit-Hole And Into The Nineties: Issues Of Accountability In The Wake Of Eighties-Style Transactions In Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Lawless Execution Of Robert Alton Harris, Erwin Chemerinsky, Evan Caminker Jan 1992

The Lawless Execution Of Robert Alton Harris, Erwin Chemerinsky, Evan Caminker

Faculty Scholarship

No abstract provided.


October Tragedy, Erwin Chemerinsky Jan 1992

October Tragedy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Voice, Perspective, Truth, And Justice: Race And The Mountain In The Legal Academy, Jerome Mccristal Culp Jr. Jan 1992

Voice, Perspective, Truth, And Justice: Race And The Mountain In The Legal Academy, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer Jan 1992

The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson Jan 1992

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …


The Faith Healers, Calvin R. Massey Jan 1992

The Faith Healers, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza Jan 1992

Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch Jan 1992

Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch

Faculty Scholarship

No abstract provided.


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


Reconciling Individual Rights And Government Interests: Madisonian Principles Versus Supreme Court Practice, David L. Faigman Jan 1992

Reconciling Individual Rights And Government Interests: Madisonian Principles Versus Supreme Court Practice, David L. Faigman

Faculty Scholarship

No abstract provided.


What Role Should Judges Play In The Aba?: The Jad Position, Geoffrey C. Hazard Jr., William F. Womble, M. Peter Moser Jan 1992

What Role Should Judges Play In The Aba?: The Jad Position, Geoffrey C. Hazard Jr., William F. Womble, M. Peter Moser

Faculty Scholarship

No abstract provided.


The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman Jan 1992

The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman

Faculty Scholarship

No abstract provided.


"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski Jan 1992

"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen Jan 1992

Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson Jan 1992

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy Jan 1992

Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy

Faculty Scholarship

This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …


Long Overdue: The Single Guaranteed Minimum Income Program, David Allen Larson Jan 1992

Long Overdue: The Single Guaranteed Minimum Income Program, David Allen Larson

Faculty Scholarship

This article provides an overview of income support programs in the United States. The article first examines proposals for a guaranteed income. This initial examination consists of four separate sections. It begins with a summary of negative income tax plans. Second, it discusses legislation introduced in the United States Congress. Third, current guaranteed income proposals are examined. Finally, it concludes with a brief examination of social experiments conducted in several communities. Because no proposal for a comprehensive guaranteed income program has been adopted, this article next discusses the income maintenance programs including a short description and selected statistical information.


Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton Jan 1992

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …


Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton Jan 1992

Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton

Faculty Scholarship

This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …


Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus Jan 1992

Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus

Faculty Scholarship

In May 1991, the William Mitchell College of Law Faculty voted to offer to all first year students the following fall a program to assist students "in learning how to work effectively with diverse others in professional situations." The faculty directed that the program be supervised by a member of the full time faculty, and that reaction to the program be evaluated by the Curriculum Committee. During the Summer 1991, the dean appointed me to supervise the program, and I asked Assistant Dean Joan Bibelhausen to assist me. The two of us worked closely with an informal group called the …