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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 …

Is Courtesy No Longer Contagious, David Spratt

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No abstract provided.

Court Competition For Patent Cases, Jonas Anderson

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The traditional academic explanation for forum shopping is simple: litigants prefer to file cases in courts that offer some substantial advantage — either legal or procedural — over all other courts. But the traditional explanation fails to account for competition for litigants among courts. This Article suggests that forum shopping in patent law is driven in part by the creation of procedural and administrative distinctions among courts that are designed to attract, or in some cases to repel, patent litigants.

This Article makes two primary contributions to the literature, one theoretical and one normative. First, it theorizes that judicial competition …

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

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No abstract provided.

Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell

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Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …

Playing To The Audience, David Spratt

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No abstract provided.

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

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No abstract provided.

Extending The Revisionist Project, Lewis Grossman

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No abstract provided.

The Victim Requirement, The Fourth Instance Formula And The Notion Of Person In The Individual Complaint Procedure Of The Inter-American Human Rights System, Diego Rodriguez-Pinzon

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No abstract provided.

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

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No abstract provided.

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

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This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson

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No abstract provided.

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

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No abstract provided.

Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein

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No abstract provided.

Antitrust Practice And Procedure In The Formative Era: The Constitutional And Conceptual Reach Of State Antitrust Law, 1880-1918, James May

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No abstract provided.

The Misunderstood Pro Se Litigant: More Than A Pawn In The Game, Ira P. Robbins

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No abstract provided.