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Articles 1 - 28 of 28
Full-Text Articles in Law
#Livingwhileblack: Blackness As Nuisance, Taja-Nia Y. Henderson, Jamila Jefferson-Jones
#Livingwhileblack: Blackness As Nuisance, Taja-Nia Y. Henderson, Jamila Jefferson-Jones
American University Law Review
No abstract provided.
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler
American University Law Review
No abstract provided.
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
American University Law Review
No abstract provided.
The Complicated Relationship Of Patent Examination And Invalidation, Gregory Reilly
The Complicated Relationship Of Patent Examination And Invalidation, Gregory Reilly
American University Law Review
The conventional view is that the Patent Office examines patent applications before issuance to assure compliance with the statutory criteria of patentability. Ex post invalidation in district court litigation or Patent Office cancellation proceedings then reviews the Patent Office’s work to correct errors that result from the Patent Office’s shortcomings, bias, or “rational ignorance” that limits resources spent on examination because of the irrelevance of most patents. Scholars, the Federal Circuit, and the Supreme Court have all endorsed this conventional view. However, it is wrong—or at least overly simplistic. The American patent system is only partially a system of ex …
2019 Patent Law Decisions Of The Federal Circuit, Sanya Sukduang, Nicholas Doyle, Sydney Kestle, Yoonhee Kim, John Nappi
2019 Patent Law Decisions Of The Federal Circuit, Sanya Sukduang, Nicholas Doyle, Sydney Kestle, Yoonhee Kim, John Nappi
American University Law Review
No abstract provided.
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
American University Law Review
No abstract provided.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
American University Law Review
No abstract provided.
The Decade Of Democracy's Demise, James Sample
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph T. Thai
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph T. Thai
American University Law Review
No abstract provided.
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
American University Law Review
No abstract provided.
Predictability Of Arbitrators' Reliance On External Authority?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
Predictability Of Arbitrators' Reliance On External Authority?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
American University Law Review
No abstract provided.
A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga
A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga
American University Law Review
The legal standard for authenticating photographic and video evidence in court has remained largely static throughout the evolution of media technology in the twentieth century. The advent of “deepfakes,” or fake videos created using artificial intelligence programming, renders outdated many of the assumptions that the Federal Rules of Evidence are built upon.
Rule 901(b)(1) provides a means to authenticate evidence through the testimony of a “witness with knowledge.” Courts commonly admit photographic and video evidence by using the “fair and accurate portrayal” standard to meet this Rule’s intent. This standard sets an extremely low bar—the witness need only testify that …
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
American University Law Review
No abstract provided.
One Of These Things Is Not Like The Other: Naacp V. Alabama Is Not A Manual For Powerful, Wealthy Spenders To Pour Unlimited Secret Money Into Our Political Process, Erin Chlopak
American University Law Review
No abstract provided.
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
American University Law Review
No abstract provided.
Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan
Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan
American University Law Review
Populists are trying to take down the global economic order and its institutions. While some of those forces might be fueled by racism, they also play to legitimate social concerns that include massive plant closings and deindustrialization, inadequate skills programs, and lack of decent jobs. Some of these problems also concern the Global South, as workers there face exploitation, unhealthy working conditions, and other social ills caused by global capitalism. In light of these problems, this Article argues that the International Labor Organization (ILO) should design new conventions on lead firm liability and mass layoffs. While other scholars and policymakers …
Judge, Jury, And Executioner: Why Private Parties Have Standing To Challenge An Executive Order That Prohibits Icts Transactions With Foreign Adversaries, Ari K. Bental
American University Law Review
On May 15, 2019, President Donald Trump, invoking his constitutional executive and statutory emergency powers, signed Executive Order 13,873, which prohibits U.S. persons from conducting information and communications technology and services (ICTS) transactions with foreign adversaries. Though the executive branch has refrained from publicly identifying countries or entities as foreign adversaries under the Executive Order, observers agree that the Executive Order’s main targets are China and telecommunications companies, namely Huawei, that threaten American national security and competitiveness in the race to provide the lion’s share of critical infrastructure to support the world’s growing 5G network.
Executive Order 13,873 raises several …
Extended Shareholder Liability For Systematically Important Financial Institutions, Alessandro Romano, Luca Enriques, Jonathan R. Macey
Extended Shareholder Liability For Systematically Important Financial Institutions, Alessandro Romano, Luca Enriques, Jonathan R. Macey
American University Law Review
No abstract provided.
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
American University Law Review
No abstract provided.
2019 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl
2019 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl
American University Law Review
No abstract provided.
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right, Fernando Montoya
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right, Fernando Montoya
American University Law Review
No abstract provided.
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
American University Law Review
No abstract provided.
Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty
Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty
American University Law Review
No abstract provided.
The Halo Effect: Willful Infringement And Enhanced Damages In Light Of Halo, Rachel Weiner Cohen, Holly Victorson, Kellye Quirk
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 when declining …
Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox
Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox
American University Law Review
The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
American University Law Review
No abstract provided.
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie
American University Law Review
No abstract provided.
Cve And Constitutionality In The Twin Cities: How Countering Violent Extremism Threatens The Equal Protection Rights Of American Muslims In Minneapolis-St. Paul, Sarah Chaney Reichenbach
Cve And Constitutionality In The Twin Cities: How Countering Violent Extremism Threatens The Equal Protection Rights Of American Muslims In Minneapolis-St. Paul, Sarah Chaney Reichenbach
American University Law Review
In 2011, President Barack Obama announced a national strategy for countering violent extremism (CVE) to attempt to prevent the “radicalization” of potential violent extremists. The Obama Administration intended the strategy to employ a community-based approach, bringing together the government, law enforcement, and local communities for CVE efforts. Despite claiming to target extremism in all forms, government-funded CVE programs in the United States have almost exclusively focused on Islamic extremism. One pilot program focused on the Twin Cities in Minnesota—Minneapolis and St. Paul—home to the largest Somali community in the United States, most of whom are Muslim. The Trump Administration has …