Law Commons^™

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

The Journal of Appellate Practice and Process

The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.

J. Mcintyre Machinery, Ltd. V. Nicastro: The Stream-Of-Commerce Theory Of Personal Jurisdiction In A Globalized Economy, Elisabeth A. Beal

University of Miami Law Review

No abstract provided.

Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green

University of the District of Columbia Law Review

Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies- or is this legal action a result of a phenomenon that is coincidental? Although many argue that there is no "systematic" approach or policy to hinder the development of blacks in corporations, it is evident that serious problems do exist in many companies that have the propensity to curtail the advancement of black employees. In essence, …

Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan

Buffalo Public Interest Law Journal

No abstract provided.

Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow

Buffalo Intellectual Property Law Journal

No abstract provided.

Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton

Indiana Law Journal

No abstract provided.

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the year 2000 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

• Constitutional Torts
• Removal Jurisdiction
• Intervention
• Jurisdiction
• Prison Litigation Reform Act
• Abstention and Removal of Bankruptcy Proceedings

Reeves V. Sanderson Plumbing Products: Stemming The Tide Of Motions For Summary Judgment And Motions For Judgment As A Matter Of Law, Trevor K. Ross

Mercer Law Review

In Reeves v. Sanderson Plumbing Products, Inc., the Supreme Court addressed the evidentiary burdens required of a plaintiff in an ADEA case, holding that evidence leading the fact finder to reject the defendant's proffered legitimate nondiscriminatory reasons together with the elements of a prima facie case may meet a plaintiff's burden to show intentional discrimination. Additionally, the Court at last set forth the way in which judges may consider a motion for judgment as a matter of law without weighing the evidence, holding that a court should consider all the nonmovant's evidence drawing all reasonable inferences in favor of …

Appellate Practice And Procedure, William M. Droze, Suzanne F. Sturdivant

Mercer Law Review

In 2000 the United States Court of Appeals for the Eleventh Circuit was called upon to decide high profile and difficult issues. It helped determine the fate of young Elian Gonzalez and the course of President Bush and former Vice President Al Gore's legal battles for the presidency. Yet some of these decisions-and many others-turned on less sensational procedural questions. This Article examines the role that procedural issues have played in the court's recent opinions. It is intended to help practitioners gauge trends in the court's approach to interlocutory matters; timeliness of notice of appeal and presentation of argument; the …

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook

Michigan Law Review

In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …

The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford

Indiana Law Journal

No abstract provided.

Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen

Indiana Law Journal

No abstract provided.

Jones V. Clinton: A Study In Politically Motivated Suits, Rule 1 1, And The First Amendment, Carol Rice Andrews

BYU Law Review

No abstract provided.

Mandatory Rent Escrowing: Putting The Summary Back In Summary Process, Christopher Paul Ferragamo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Corporate Officer And Director Authority: The Parameters, Nelson P. Lovins

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Alternative Sentencing: Using The 1997 Amendments To The Individuals With Disabilities Education Act To Keep Children In School And Out Of Juvenile Detention, Mark Peikin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …

Can We Have A Happy Family: Adoption By Same Sex Parents In Massachusetts, Amy Joy Galatis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Guerillas In The Midst: The Dangers Of Unchecked Police Powers Through The Use Of Law Enforcement Checkpoints, Theresa A. O'Loughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Pig's Breakfast: Judicial Gatekeeping For Scientific And Specialized Expert Testimony, Jason G. Duncan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Question Of Reasonableness In Massachusetts Public School Searches, Kevin V. Maltby

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Picture Is Worth A Thousand Words: The Use Of Graphic Photographs As Evidence In Massachusetts Murder Trials, Julie Rubenstein

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

Michigan Journal of Gender & Law

This article argues that perpetrators of sexual misconduct should not be granted refuge from the potential consequences of their actions by mere affiliation with a religious institution. Part I of this article examines the theories of malpractice and breach of fiduciary duty, and determines the appropriate cause of action for sexual misconduct and ascertains their capacities to withstand First Amendment scrutiny. Determining the cause of action is essential to the evaluation of the potential constitutional challenges. Part II demonstrates that sexual misconduct by clergy is well outside First Amendment constraints. It examines both the Free Exercise and Establishment Clauses, and …

Pre-Trial Hurdles In Citizens' Environmental Enforcement Actions, Gayann Barbella Crowe

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Evolving Treatment Of Garden-Variety Claims Under The Psychotherapist-Patient Privilege, Ryan M. Gott

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Jury Poll And A Dissenting Juror: When A Juror In A Criminal Trial Disavows Their Verdict In Open Court, 35 J. Marshall L. Rev. 45 (2001), Karl Moltzen

UIC Law Review

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.