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Articles 1591 - 1620 of 6932
Full-Text Articles in Law
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Washington and Lee Law Review
The patent doctrine of inequitable conduct—which allows a patent to be held unenforceable on the basis of misbehavior by the applicant during patent prosecution—has been the subject of intense criticism from the bench and bar alike. And yet to date there has been no systematic attempt to determine whether the doctrine is or is not working as theorized. This study fills that gap. We evaluate the performance of the inequitable conduct doctrine with a novel methodological approach: by empirically characterizing the differences between patents found unenforceable and several other types of patents (unlitigated, litigated, invalid, obvious, and underdisclosed), we use …
Over Your Head, Under The Radar: An Examination Of Changing Legislation, Aging Case Law, And Possible Solutions To The Domestic Police Drone Puzzle , J. Tyler Black
Over Your Head, Under The Radar: An Examination Of Changing Legislation, Aging Case Law, And Possible Solutions To The Domestic Police Drone Puzzle , J. Tyler Black
Washington and Lee Law Review
No abstract provided.
Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak
Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak
Washington and Lee Law Review
No abstract provided.
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Washington and Lee Law Review
No abstract provided.
Removing Revlon, Franklin A. Gevurtz
Removing Revlon, Franklin A. Gevurtz
Washington and Lee Law Review
This Article advocates the abolition of the Revlon doctrine— the junior partner in Delaware’s corporate takeover jurisprudence, which governs certain contests involving auctions and sales of control. Revlon arose in the twilight zone created by the overlap between defenses to hostile tender offers and efforts by directors to avoid or coerce a shareholder vote on corporate mergers and sales (shotgun corporate marriages). The narrow holding of the case stands for the common sense proposition that if directors decide to sell their corporation by choosing between two bids, both of which will pay all of the shareholders cash for all of …
Enforcement As Substance In Tax Compliance , Leandra Lederman, Ted Sichelman
Enforcement As Substance In Tax Compliance , Leandra Lederman, Ted Sichelman
Washington and Lee Law Review
It is well known that the government’s complete failure to enforce a law can nullify that law. But what are the effects of partial enforcement? This Article shows that imperfect enforcement can alter the de facto content of the written law in predictable and beneficial ways. Specifically, in the tax compliance context, even if perfect enforcement were costless, it would not always be socially optimal. When improving the substantive law is infeasible, th e enforcement agency can effect beneficial changes in the law by adopting a probabilistic enforcement scheme that varies according to the category of taxpayer and type of …
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Washington and Lee Law Review
No abstract provided.
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Scholarly Articles
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are "questions of law or fact common to the class." Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are "central" to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule, but …
Standards Of Proof In Civil Litigation: An Experiment From Patent Law, David L. Schwartz, Christopher B. Seaman
Standards Of Proof In Civil Litigation: An Experiment From Patent Law, David L. Schwartz, Christopher B. Seaman
Scholarly Articles
Standards of proof are widely assumed to matter in litigation. They operate to allocate the risk of error between litigants, as well as to indicate the relative importance attached to the ultimate decision. But despite their perceived importance, there have been relatively few empirical studies testing jurors’ comprehension and application of standards of proof, particularly in civil litigation. Patent law recently presented an opportunity to assess the potential impact of varying the standard of proof in civil cases. In Microsoft Corp. v. i4i Limited Partnership, the Supreme Court held that a patent’s presumption of validity can only be overcome by …
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
Teaching Legal Research Outside The Classroom, Stephanie C. Miller, Valerie Carullo
Teaching Legal Research Outside The Classroom, Stephanie C. Miller, Valerie Carullo
Library Scholarship
This poster presentation displays creative and innovative ways to provide instruction outside of the traditional classroom setting. As "flipping the classroom" gains popularity, the use of these tools gains importance. We integrate tools like screencasting, social media, QR codes, and wikis in to legal research instruction . One essential component in the success of some of these efforts at Washington & Lee School of Law is collaboration with partners at Bloomberg Law. The product of this collaboration featured in our poster is a series of screencasts instructing viewers (students, faculty and the public alike) to use a selection of Bloomberg …
Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner
Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner
Scholarly Articles
Human rights (HR) issues, which often reveal themselves from a comparative perspective, are not categorized as such in law schools though they lie beneath fundamental structural decisions. Institutional funding and access directly impact educational, social, economic – and racial -- equality. Curriculum development and coverage – in doctrinal courses and so-called "clinics"– require reflection upon the amount of resources expanded on the teaching of human rights, the connections made between human rights and related subject areas, the restriction of human rights discourse to specific courses. Student affairs regularly deal with human rights questions ranging from religious to disability accommodations. The …
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Washington and Lee Journal of Energy, Climate, and the Environment
Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Washington and Lee Journal of Energy, Climate, and the Environment
The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements
Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder
Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin
Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rif’D Off: The Denial Of Education Opportunities Through Seniority-Based Layoff Policies And The Judiciary’S Role In Reform, Amy Conant
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.