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Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Articles in Law Reviews & Other Academic Journals
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …