Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (2)
- Drugs (2)
- FTC (2)
- Hatch-Waxman (2)
- Innovation (2)
-
- Paragraph IV (2)
- Patent (2)
- Pay for delay (2)
- Pharmaceuticals (2)
- Regulation (2)
- Reverse payment (2)
- Settlement (2)
- Acceso a la justicia (1)
- Actavis (1)
- Amendment (1)
- Bivens claims (1)
- Case management (1)
- Case review (1)
- Chemerinsky (1)
- Cheng (1)
- Civil Procedure (1)
- Civil defendants (1)
- Civil procedure (1)
- Claim (1)
- Congressional authority (1)
- Constitutional law (1)
- Constitutional rights (1)
- Court (1)
- Court of appeals (1)
- Criminal law (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Kevin M. Clermont
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.
Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
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 and …
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …
El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas
El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas
Ricardo Lillo
Parochial Procedure, Maggie Gardner
Parochial Procedure, Maggie Gardner
Maggie Gardner
The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results. This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence of parochial judges. Our …
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito
Scott DeVito
No abstract provided.
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Erwin Chemerinsky
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Future Of Oral Arguments, Jay Tidmarsh
The Future Of Oral Arguments, Jay Tidmarsh
Jay Tidmarsh
The civil-justice literature is replete with discussions of two phenomena: case management and the vanishing trial. These two phenomena are not unrelated. One commonly state goal of case management is to find ways, other than trial, to resolve civil disputes that find their way into court. Some observers find the movements toward case management and away from trial to be salutary; others find them disquieting. Regardless of the merits of this debate, the delivery of civil justice is undeniably evolving.
This evolution affects and changes many of the traditional attributes of American-style civil justice. The Essay examines one of these …
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
Andrew D. Bradt
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Max Minzner
No abstract provided.
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
Manuel A. Gómez
This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, …
Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson
Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson
Darby Dickerson
No abstract provided.
The Blurred Blue Line: Muncipal Liablity, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teressa E. Ravenell, Armando Brigandi
The Blurred Blue Line: Muncipal Liablity, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teressa E. Ravenell, Armando Brigandi
Teressa E. Ravenell
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Matthew Lyon
Executive Action And Nonaction, Tom Campbell
Executive Action And Nonaction, Tom Campbell
Tom Campbell