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Articles 1 - 30 of 78
Full-Text Articles in Law
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
American University Law Review
I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s …
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
American University Law Review
No abstract provided.
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
American University Law Review
On November 10, 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. United States. This remarkable decision refused to dismiss a lawsuit brought by youth plaintiffs who claimed that the federal government's fossil fuel policies over the years, which have produced an atmosphere with dangerous levels of greenhouse gases (GHGs), violated the federal public trust doctrine (PTD) and their federal constitutional rights to due process and equal protection. The court found a constitutional right to a stable climate system, determining that the PTD was an implicit part of …
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
American University Law Review
In this Article we describe the phenomenon of online courts, which is fast gaining momentum, and analyze these "new new courts" from an access to justice perspective. We distinguish between two turning points in terms of access to justice and courts: the rise of alternative dispute resolution (ADR) (producing what we refer to as the "new courts") and the spread of online dispute resolution (ODR) (giving rise to what we refer to as the "new new courts"). While both developments seem to be motivated by similar rationales and a desire to increase access to justice, the implications of adopting ADR …
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
American University Law Review
No abstract provided.
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
American University Law Review
No abstract provided.
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
American University Law Review
No abstract provided.
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
American University Law Review
No abstract provided.
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
American University Law Review
No abstract provided.
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
American University Law Review
No abstract provided.
The New National Security Canon, Stephen I. Vladeck
The New National Security Canon, Stephen I. Vladeck
American University Law Review
No abstract provided.
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
American University Law Review
No abstract provided.
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
American University Law Review
No abstract provided.
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
American University Law Review
No abstract provided.
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
American University Law Review
No abstract provided.
Foreword:The Federal Circuit At Thirty, Pauline Newman
Foreword:The Federal Circuit At Thirty, Pauline Newman
American University Law Review
No abstract provided.
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
American University Law Review
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
American University Law Review
No abstract provided.
2011 International Trade Law Decisions Of The Federal Circuit, Gregory J. Spak, Forrest R. Hansen, Daniel J. Hickman
2011 International Trade Law Decisions Of The Federal Circuit, Gregory J. Spak, Forrest R. Hansen, Daniel J. Hickman
American University Law Review
No abstract provided.
2011 Patent Law Decisions Of The Federal Circuit, Robert A. Pollock, Linda A. Wadler, Robert D. Litowitz, Joyce Craig, Bart A. Gerstenblith, Christina Szakaly, Zhenyu Yang, Mindy L. Ehrenfried
2011 Patent Law Decisions Of The Federal Circuit, Robert A. Pollock, Linda A. Wadler, Robert D. Litowitz, Joyce Craig, Bart A. Gerstenblith, Christina Szakaly, Zhenyu Yang, Mindy L. Ehrenfried
American University Law Review
No abstract provided.
2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson
2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson
American University Law Review
No abstract provided.
Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian
Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian
American University Law Review
No abstract provided.
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza
American University Law Review
No abstract provided.
2010 Trademark Law Decisions Of The Federal Circuit, Susan B. Flohr, Emily J. Barnhart, John Paul Oleksiuk
2010 Trademark Law Decisions Of The Federal Circuit, Susan B. Flohr, Emily J. Barnhart, John Paul Oleksiuk
American University Law Review
No abstract provided.
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
American University Law Review
No abstract provided.
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
American University Law Review
In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …
2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv
2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv
American University Law Review
In 2006, the Federal Circuit issued over two hundred and fifty precedential opinions and orders. This article discusses sixteen precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and key points for practitioners to glean from each case. This article also includes a discussion of the Federal Circuit’s September 2006 opinion regarding the TRICARE Pharmacy Benefits Program (“TPBP”) refund program, a case that the pharmaceutical industry watched closely. The decisions have been grouped into the following categories: jurisdiction, contract interpretation, costs, contract termination, bid protests, and patent rights.
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
American University Law Review
For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
American University Law Review
Over the past four years, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has, as it has done since its establishment in 1982, exercised its jurisdiction under 28 U.S.C. § 1295(a)(5) to review decisions of the United States Court of International Trade (“CIT”) regarding U.S. regulation of international trade. While trade cases currently make up only about six percent of the docket of the Federal Circuit, decisions in these cases can have a significant discernable impact on the day-to-day investigation and regulation of trade matters of the three U.S. agencies featured most prominently in the trade …