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Full-Text Articles in Law

The Halo Effect: Willful Infringement And Enhanced Damages In Light Of Halo, Rachel Weiner Cohen, Holly Victorson, Kellye Quirk Jan 2020

The Halo Effect: Willful Infringement And Enhanced Damages In Light Of Halo, Rachel Weiner Cohen, Holly Victorson, Kellye Quirk

American University Law Review

The Supreme Court’s decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. overruled the United States Court of Appeals for the Federal Circuit’s longstanding Seagate test and empowered district courts to exercise their discretion in deciding whether to enhance damages for willful patent infringement. In the three years since the Halo decision, district courts have developed their own approaches to addressing willfulness allegations at the various stages of litigation, including pleading, summary judgment, trial, and post-trial. This Article observes trends in how district courts have addressed willfulness claims at each stage of litigation, highlights factors courts have considered ...


Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski Jan 2019

Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski

American University Law Review

No abstract provided.


The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi Jan 2017

The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi

American University Law Review

No abstract provided.


Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud Jan 2016

Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud

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 Jan 2010

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 ...


Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro Jan 2010

Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro

American University Law Review

No abstract provided.


2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis Apr 2004

2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis

American University Law Review

No abstract provided.


2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland Apr 2004

2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland

American University Law Review

No abstract provided.


2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin Apr 2004

2003 Government Contract Decisions Of The Federal Circuit, Douglas L. Patin

American University Law Review

No abstract provided.


The Ethics Of Delaying Persecution, Lisa A. Dolak Jan 2004

The Ethics Of Delaying Persecution, Lisa A. Dolak

American University Law Review

No abstract provided.


The Exclusion Of Felons From Jury Service, Brian C. Kalt Oct 2003

The Exclusion Of Felons From Jury Service, Brian C. Kalt

American University Law Review

The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.

The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities ...


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for ...


Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor Feb 2000

Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor

American University Law Review

No abstract provided.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice Jun 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

American University Law Review

No abstract provided.


A Second Look At Amended Rule 11 , Theodore C. Hirt Jun 1999

A Second Look At Amended Rule 11 , Theodore C. Hirt

American University Law Review

No abstract provided.


Criminal Fraud , Ellen S. Podgor Apr 1999

Criminal Fraud , Ellen S. Podgor

American University Law Review

No abstract provided.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay Jun 1997

The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay

American University Law Review

No abstract provided.


The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha Dec 1996

The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha

American University Law Review

No abstract provided.


The New Activist Court , Donald H. Zeigler Jun 1996

The New Activist Court , Donald H. Zeigler

American University Law Review

No abstract provided.


International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney Dec 1995

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.


International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney Dec 1995

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.