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2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga Jan 2009

2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga

American University Law Review

The United States Supreme Court took a slight breather from patent-law issues in 2008. After issuing three patent-law decisions in 2007 (including KSR International Co. v. Teleflex Inc.), the Court issued just one patent-law decision in 2008—Quanta Computer, Inc. v. LG Electronics, Inc. Despite the Supreme Court’s slower pace, however, the Court’s influence loomed large in the United States Court of Appeals for the Federal Circuit in 2008. In a number of cases, the Federal Circuit continued to work through the implications of the Supreme Court’s recent precedents, most notably KSR and the Supreme Court’s 2006 decision in eBay Inc. …


Should Inmates Be Running The Jailhouse: Affirming The Constitutionality Of Enhanced Archivist Involvement In White House Record-Keeping Policymaking, Nicholas E.M. Michiels Jan 2009

Should Inmates Be Running The Jailhouse: Affirming The Constitutionality Of Enhanced Archivist Involvement In White House Record-Keeping Policymaking, Nicholas E.M. Michiels

American University Law Review

This Comment argues that tasking the Archivist of the United States with promulgating electronic record-keeping guidelines and certifying presidential compliance is constitutional because the President’s ability to perform his or her constitutional functions will not be impaired and, additionally, because Congress has constitutional authority to promote the important objective of retaining presidential records.11 Part I examines the laws and jurisprudence that have culminated in public ownership of presidential records. Part II discusses the Bush Administration’s record-keeping problems, the indirect way the United States Congress learned of the problems, and the subsequent legislative response—the Electronic Message Preservation Act (EMPA). Finally, Part …


2008 Trademark Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries , David M. Kelly, Stephanie H. Bald Jan 2009

2008 Trademark Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries , David M. Kelly, Stephanie H. Bald

American University Law Review

In 2008, the United States Court of Appeals for the Federal Circuit issued eight trademark decisions and designated one of those eight decisions as precedential. These numbers are significantly lower than in recent years. The cases consist of appeals from the Trademark Trial and Appeal Board (“TTAB”), the United States Court of International Trade, and the United States Court of Federal Claims. Of the eight trademark decisions, four focused on substantive issues and four primarily involved procedural issues. The Federal Circuit generally adopted the findings of the lower tribunals, affirming all but one of the eight decisions on appeal. The …


Symposium: Shrinking Tinker: Students Are Persons Under Our Constitution - Except When They Aren't , Frank D. Lomonte Jan 2009

Symposium: Shrinking Tinker: Students Are Persons Under Our Constitution - Except When They Aren't , Frank D. Lomonte

American University Law Review

The central proposition of this Article is that the school/student relationship is a distinctive one, and that student speakers on school property stand in a fundamentally different posture than do pamphleteers on the public sidewalk. This unique relationship has been recognized by the courts, but only selectively, where the uniqueness works to the disadvantage of the speaker. It is time that courts acknowledge that, because students are “captive” in school for the best hours of their day, and because students have a legally enforceable right to be on school grounds for purposes that expressly include the exchange of ideas, student …