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Full-Text Articles in Law
Patent Inconsistency, Saurabh Vishnubhakat
Patent Inconsistency, Saurabh Vishnubhakat
Indiana Law Journal
Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Federal Communications Law Journal
This Article focuses on the Supreme Court's decision in FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009). In that case, the Supreme Court upheld an important change in the FCC indecency regulation. In the past, the FCC's policy had been that the broadcast of a single expletive did not violate FCC indecency policy. In order for such fleeting expletives to be actionable, the FCC required that they had to be repetitive and gratuitous. But in 2004, in response to the use of some expletives by entertainers during the Golden Globe Awards, the FCC changed its policy and …
Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry
Indiana Law Journal
No abstract provided.
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Indiana Law Journal
No abstract provided.