Law Commons^™

Willful Patent Infringement And Enhanced Damages After In Re Seagate: An Empirical Study, Christopher B. Seaman

Scholarly Articles

Willful patent infringement is a critical issue in patent litigation, as it can result in an award of up to treble (enhanced) damages. In a 2007 decision, In re Seagate, 497 F.3d 1360 (en banc), the Federal Circuit significantly altered the standard governing willful infringement by requiring the patentee to prove at least "objective recklessness" by the accused infringer. Many observers predicted that this heightened standard would result in far fewer willfulness findings and enhanced damage awards. To date, however, there has been no comprehensive empirical study of Seagate's actual impact in patent litigation.

This paper fills that gap by …

Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna E. Bond

Scholarly Articles

Not available.

Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn

Scholarly Articles

Here, we take advantage of a unique characteristic of the procedures of the U.S. courts of appeals—the discretion held by chief judges to designate district court judges to three-judge appellate panels— to examine empirically the importance of oversight and judicial hierarchy on judges' behavior in those courts. Specifically, we examine the extent to which decisions about the policy preferences of designated judges vary systematically with the ideological tenor of the chief judge himself, the court as a whole, and the U.S. Supreme Court. More simply put, we ask: are district court judges selected to sit on appeals court panels simply …

Juror Privacy In The Sixth Amendment Balance, Melanie D. Wilson

Scholarly Articles

Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable safeguard against government overreaching. One might expect, therefore, that our justice system would treat potential jurors with care and tact. The opposite is true. During voir dire, prospective jurors are required to share insights into their own lives, quirks, proclivities, and beliefs. Litigants have probed jurors’ sexual orientation, criminal histories, criminal victimization, health, family relations, and beyond. A few scholars have chided the system for …

Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Mixed Reality: How The Laws Of Virtual Worlds Govern Everyday Life, Joshua A.T. Fairfield

Scholarly Articles

Just as the Internet linked human knowledge through the simple mechanism of the hyperlink, now reality itself is being hyperlinked, indexed, and augmented with virtual experiences. Imagine being able to check the background of your next date through your cell phone, or experience a hidden world of trolls and goblins while you are out strolling in the park. This is the exploding technology of Mixed Reality, which augments real places, people, and things with rich virtual experiences.

As virtual and real worlds converge, the law that governs virtual experiences will increasingly come to govern everyday life. The problem is that …

Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey

Washington and Lee Journal of Energy, Climate, and the Environment

Increased energy efficiency confers many economic, environmental, and public health benefits but is handicapped in the United States by energy prices which fail to reflect damaging emissions from most energy production. Under market prices, standard lifecycle financial analysis of potential investments leads businesses and households to improve their energy efficiency in many ways. However, pursuing environmental sustainability and enhanced public health requires heightened awareness, stronger incentives, and more actions. Many religious congregations, health care providers, and schools recognize that improving energy efficiency and reducing related emissions serve their missions. Many organizations in these mission-driven sectors have undertaken far-reaching commitments to …

Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth

Washington and Lee Journal of Energy, Climate, and the Environment

The paper explains the importance of narrowing the gap between developed and developing countries’ perceptions of justice in the climate change context and analyzes the two main ethical claims raised by the developing countries, exposing their major weaknesses and strengths. It then offers the adoption of harmonized carbon taxes and the rejection of Kyoto’s cap-and-trade mitigation scheme, as a way to avoid inevitably unresolved ethical issues.

Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph

Washington and Lee Journal of Energy, Climate, and the Environment

Community knowledge (including traditional, local, and indigenous knowledge) has a role to play in government agency decisions regarding the environment and natural resources. This article considers the benefits of using community knowledge, as well as obstacles to collecting this knowledge and integrating it with Western science. The article further discusses how federal agencies in Alaska use community knowledge and laws that potentially affect this use (including the Data Quality Act). Finally, the article provides recommendations for agencies to consider in collecting and using community knowledge.

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson

Washington and Lee Journal of Energy, Climate, and the Environment

As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …

Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Is Medicaid Constitutional?, Timothy Stoltzfus Jost

Scholarly Articles

Not available.

American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan D. Franck

Scholarly Articles

None available.

Crisis Regulation, James E. Moliterno

Scholarly Articles

The article presents information on the regulation of crisis in legal profession. It reflects on the legal profession of the U.S. that has engaged in regulatory reform in response to crisis. It explains that a few changes in the status quo may lead legal profession to react to crisis and discusses it with the help of immigration in the twentieth century, Watergate and globalization. It states that with the wake of the Watergate revelations there is an increase in the crisis in legal profession.

Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone

Scholarly Articles

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …

¿Registrar Es Poseer? Un Vistazo Desde El Fundamento De La Posesión, Martín Mejorada Chauca, Fernando Loayza Jordán

Scholarly Articles

Este breve ensayo presenta de forma introductoria un postulado novedoso: entender al acto de registrar como un acto posesorio. Se inicia con una revisión del fundamento de la posesión, desde la perspectiva de su utilidad práctica como herramienta de publicidad, para luego enfocarse en cómo, desde este fundamento, se debe entender que el acto de registrar es un acto posesorio. Posteriormente, se profundiza en algunas características de esta clase de posesión en específico, como su extensión temporal. Finalmente, se termina enunciando algunas consecuencias prácticas indubitables, cuyo posterior estudio exige atención prioritaria.

This brief introductory essay presents a new postulate: to …

Open The Door, Not The Floodgates: Controlling Qui Tam Litigation Under The False Claims Act, Christopher M. Alexion

Washington and Lee Law Review

No abstract provided.

Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard

Washington and Lee Law Review

No abstract provided.

Toward A Nexus Of Virtue, Ronald J. Colombo

Washington and Lee Law Review

Corporate law, like all law, should be directed toward the common good. The common good requires that corporate activity be restrained, if not actively directed, by human virtue. An analysis of the corporate enterprise suggests that those corporate actors with the greatest stake in the exercise of virtue, and best positioned to influence corporate activity via the exercise of virtuous judgment, are the corporation’s officers. Thus, one of the primary objectives of corporate law should be to promote virtue among corporate officers. Contrary to what some might assume, the promotion of virtue among corporate officers need not entail a promulgation …

Rethinking The New Public Health, Lindsay F. Wiley

Washington and Lee Law Review

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …

Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.

Reining In The Rogue Squadron: Making Sense Of The “Original Source” Exception For Qui Tam Relators, Dayna Bowen Matthew

Washington and Lee Law Review

No abstract provided.

Optimizing Qui Tam Litigation And Minimizing Fraud And Abuse: A Comment On Christopher Alexion’S Open The Door, Not The Floodgates, Timothy Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.