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2013

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Full-Text Articles in Law

Procaps S.A. V. Patheon Inc.: Videotaped Deposition Transcript, Jonathan Baker Dec 2013

Procaps S.A. V. Patheon Inc.: Videotaped Deposition Transcript, Jonathan Baker

Congressional and Other Testimony

No abstract provided.


Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak Dec 2013

Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak

Larry Thompson

During the daylong conference, judges, lawyers and members of the news media debated the professional and moral consequences of discussing legal cases with the media.


The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns Dec 2013

The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns

Stacy Lee Burns

No abstract provided.


Interactive Methods And Collaborative Performance: A New Future For Indirect Infringement, Josh Rychlinski Dec 2013

Interactive Methods And Collaborative Performance: A New Future For Indirect Infringement, Josh Rychlinski

Michigan Telecommunications & Technology Law Review

An individual is liable for patent infringement if he infringes one or more patented claims either directly under 35 U.S.C. § 271(a) or indirectly under 35 U.S.C. § 271(b) or § 271(c). In 2012, the Federal Circuit clarified its interpretation of § 271(b) and § 271(c) in the case of Akamai v. Limelight. However, the court failed to address issues of “divided” direct infringement, where two or more entities combine and together complete each and every step of a method claim, but no single entity does all of the steps. This Note walks through the history ...


Friendship Treaties ≠ Judgment Treaties, John F. Coyle Dec 2013

Friendship Treaties ≠ Judgment Treaties, John F. Coyle

Michigan Law Review First Impressions

It is hornbook law that the United States is not currently a party to any treaty governing the enforcement of foreign judgments. At least, it was hornbook law until 1993. In that year, the U.S. Court of Appeals for the Eleventh Circuit adopted a novel interpretation of a provision in a bilateral treaty of friendship, commerce, and navigation ("FCN treaty") between the United States and Greece that transformed the treaty into a de facto judgments treaty. Two years later, in 1995, the Third Circuit adopted the same interpretation of an identical clause in the United States-Korea FCN treaty. Each ...


Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow Dec 2013

Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow

Michigan Telecommunications & Technology Law Review

What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products ...


An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh Dec 2013

An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh

Michigan Journal of Race and Law

In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues ...


The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann Dec 2013

The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann

Buffalo Law Review

No abstract provided.


At What Is The Supreme Court Comparatively Advantaged?, R. George Wright Dec 2013

At What Is The Supreme Court Comparatively Advantaged?, R. George Wright

West Virginia Law Review

No abstract provided.


The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro Dec 2013

The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro

Michigan Journal of Race and Law

This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a ...


The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock Dec 2013

The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock

UNLV Theses, Dissertations, Professional Papers, and Capstones

Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to ...


The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire Dec 2013

The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire

Faculty Scholarship

This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when ...


Factual Precedents, Allison Orr Larsen Dec 2013

Factual Precedents, Allison Orr Larsen

Faculty Publications

Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of ...


“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin Dec 2013

“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin

UC Irvine Law Review

No abstract provided.


Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross Nov 2013

Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross

Bertrall L Ross

Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.

What explains these shifts? An easy explanation is that the Supreme Court ...


Anarquismo Judicial E Teoria Dos Times, Ivo T. Gico Jr. Nov 2013

Anarquismo Judicial E Teoria Dos Times, Ivo T. Gico Jr.

Ivo Teixeira Gico Jr.

By interpreting legal certainty as a form of capital, the legal capital, the social consequences of the absence of coordination mechanisms between judges to create and maintain the law is analyzed, specially the resulting judicial anarchism. A team model indicates that Brazilian judges do not have enough incentives and mechanisms to invest in legal capital and to unify legal rules. Henceforth, legal uncertainty is expected in all areas of law, except those where there is some degree of ideological convergences between judges.


Anticompetitive Patent Settlements And The Supreme Court's Actavis Decision, Herbert J. Hovenkamp Nov 2013

Anticompetitive Patent Settlements And The Supreme Court's Actavis Decision, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In FTC v. Actavis the Supreme Court held that settlement of a patent infringement suit in which the patentee of a branded pharmaceutical drug pays a generic infringer to stay out of the market may be illegal under the antitrust laws. Justice Breyer's majority opinion was surprisingly broad, in two critical senses. First, he spoke with a generality that reached far beyond the pharmaceutical generic drug disputes that have provoked numerous pay-for-delay settlements.

Second was the aggressive approach that the Court chose. The obvious alternatives were the rule that prevailed in most Circuits, that any settlement is immune from ...


Bridging The (Liability) Gap: The Shift Toward § 271(B) Inducement In Akamai Represents A Partial Solution To Divided Infringement, Brett M. Jackson Nov 2013

Bridging The (Liability) Gap: The Shift Toward § 271(B) Inducement In Akamai Represents A Partial Solution To Divided Infringement, Brett M. Jackson

Boston College Law Review

In recent years, the U.S. Court of Appeals for the Federal Circuit made it increasingly difficult for patentees of method patents to hold any party liable for infringement in divided infringement cases. As such, the Federal Circuit failed to adequately protect method patentees, leaving a glaring liability loophole in patent infringement jurisprudence. In 2012, however, in Akamai Technologies, Inc. v. Limelight Networks, Inc., the en banc Federal Circuit marked a fundamental shift in its divided infringement jurisprudence, holding that claims practiced by multiple actors could be resolved through an application of inducement infringement. Under this new standard, parties may ...


Don't Stop The Clock: Why Equitable Tolling Should Not Be Read Into The Hague Convention On International Child Abduction, Nicole Fontaine Nov 2013

Don't Stop The Clock: Why Equitable Tolling Should Not Be Read Into The Hague Convention On International Child Abduction, Nicole Fontaine

Boston College Law Review

Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction allows an abducting parent to avoid the return of the child if the parent can show that more than a year has passed since the wrongful removal or retention of the child, and that the child is well settled in his or her new environment. In cases where concealment of the abducted child prevented a parent from filing a claim within one year of the abduction, the U.S. Courts of Appeals for the Ninth and Eleventh Circuits have applied equitable tolling to delay the start ...


Check Fraud And The Common Law: At The Intersection Of Negligence And The Uniform Commercial Code, Melissa Waite Nov 2013

Check Fraud And The Common Law: At The Intersection Of Negligence And The Uniform Commercial Code, Melissa Waite

Boston College Law Review

Common law negligence claims persist in check fraud cases despite the Uniform Commercial Code’s loss allocation provisions in Articles 3 and 4. Absent an explicit preemption provision, courts disagree as to whether, when, and to what extent the Code preempts these common law claims. As a result, the courts’ varying analytical approaches to common law negligence claims often create seemingly conflicting results. This Note reviews the current loss allocation rules in check fraud scenarios and examines recent preemption case law. It argues in favor of the comprehensive rights and remedies analysis used by the majority of courts to determine ...


Procaps S.A. V. Patheon Inc.: Expert Report, Jonathan Baker Nov 2013

Procaps S.A. V. Patheon Inc.: Expert Report, Jonathan Baker

Congressional and Other Testimony

No abstract provided.


The Rehnquist Court And Criminal Procedure, Stephen F. Smith Nov 2013

The Rehnquist Court And Criminal Procedure, Stephen F. Smith

Stephen F. Smith

No abstract provided.


Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith Nov 2013

Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith

Stephen F. Smith

No abstract provided.


Administrative Change, Randy J. Kozel, Jeffrey Pojanowski Nov 2013

Administrative Change, Randy J. Kozel, Jeffrey Pojanowski

Jeffrey A. Pojanowski

Determining the standard of review for administrative actions has commanded judicial and scholarly interest like few other topics. Notwithstanding the extensive debates, far less consideration has been given to the unique features of agencies’ deviations from their own precedents. In this article we examine this puzzle of administrative change. By change, we mean a reversal of the agency’s former views about the best way to implement and interpret its regulatory mandate. We trace the lineage of administrative change at the Supreme Court and analyze features that distinguish agency reversals from other administrative actions. In particular, we contend that because ...


Monroe County, Kentucky - Court Records (Sc 1217), Manuscripts & Folklife Archives Nov 2013

Monroe County, Kentucky - Court Records (Sc 1217), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1217. Docket book, Monroe County, Kentucky, December 1832 - November 1838, listing judgments and warrants.


(Dys)Functionality, Mark Mckenna Nov 2013

(Dys)Functionality, Mark Mckenna

Mark P. McKenna

The functionality doctrine serves a unique role in trademark law: unlike virtually every other doctrine, functionality can trump consumer confusion (or so it seems, at least in mechanical-functionality cases). In this sense, functionality may be the only doctrine in trademark law that can truly be considered a defense. But despite its potential power, the functionality doctrine is quite inconsistently applied. This is true of mechanical functionality cases because courts differ over the extent to which the doctrine focuses on competitors’ right to copy unpatented features as opposed to their need to copy. And aesthetic functionality cases are even more scattered ...


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key ...


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key ...


Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward Nov 2013

Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward

Jennifer Mason McAward

This Article considers the constitutionality and propriety of recent appropriations riders passed by the House of Representatives in response to controversial federal court rulings. The riders prohibit the use of any federal funds for the enforcement of court orders issued in specified cases. These enforcement-blocking provisions raise significant separation-of-powers concerns as between Congress and both coordinate branches of the federal government. The Article begins by looking at the controversial First Amendment rulings that triggered the enforcement-blocking riders, and the Congressional debates over the proper way to respond to the rulings. The riders are not merely symbolic protests, but could have ...


Administrative Change, Randy J. Kozel, Jeffrey Pojanowski Nov 2013

Administrative Change, Randy J. Kozel, Jeffrey Pojanowski

Randy J Kozel

Determining the standard of review for administrative actions has commanded judicial and scholarly interest like few other topics. Notwithstanding the extensive debates, far less consideration has been given to the unique features of agencies’ deviations from their own precedents. In this article we examine this puzzle of administrative change. By change, we mean a reversal of the agency’s former views about the best way to implement and interpret its regulatory mandate. We trace the lineage of administrative change at the Supreme Court and analyze features that distinguish agency reversals from other administrative actions. In particular, we contend that because ...