Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Who's Afraid Of Functional Claims - Reforming The Patent Law's 112, 6 Jurisprudence, Mark Weston Janis
Who's Afraid Of Functional Claims - Reforming The Patent Law's 112, 6 Jurisprudence, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Faculty Articles and Papers
Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …