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- 17 U.S.C. §505 (1)
- Administrative law (1)
- Article I Courts (1)
- Article III Courts (1)
- Attorney's fees (1)
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- Bad faith (1)
- Civil procedure (1)
- Constitutional law (1)
- Copyright Act (1)
- Copyright infringement (1)
- Fee shifting (1)
- Frivolous claim (1)
- Intellectual property (1)
- Kirtsaeng v. John Wiley & Sons (1)
- Litigation (1)
- NLRB v. Noel Canning (1)
- Rule 11 (1)
- Sanctions (1)
- Section 1927 (1)
- Separation of powers (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Standing For (And Up To) Separation Of Powers, Kent H. Barnett
Standing For (And Up To) Separation Of Powers, Kent H. Barnett
Scholarly Works
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars call for allowing only the political branches — Congress and the President — to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely effect regulatory outcomes.
This Article defends the right of private parties to assert justiciable structural …
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley
Scholarly Works
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …