Law Commons^™

Machines Finding Injustice, Hannah S. Lacqueur, Ryan W. Copus

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With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …

The Future Of Family Law: An Annotated Bibliography, Allen K. Rostron

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No abstract provided.

Glaxosmithkline V. Teva: Holding A Generic Liable For An Artificial Act Of Inducement, Christopher M. Holman

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No abstract provided.

Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister

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Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325 federal courts of appeals decisions, revealed that only 16% of the cases cited in appellate briefs make it into the courts’ opinions. This does not exactly inspire confidence in legal research or its tools to maintain stability of the law. As Robert Berring foresaw, …

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson

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This study looks at the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by the conventional wisdom. It does so by identifying a simple way to determine the nature of any relationship between mobile homes and per capita income, which the conventional wisdom assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. Census. After …

State Universities Push The Limits Of Eleventh Amendment Sovereign Immunity At The Federal Circuit,, Christopher M. Holman

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No abstract provided.

Willowood V. Syngenta Petition For Certiorari Asks Supreme Court To Weigh In On Copyright Protection For Generic Pesticide Labeling, Christopher M. Holman

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No abstract provided.

Perspectives On The Restatement Of The Law, Liability Insurance: What's All The Hoopla About?, Elizabeth C. Sackett, Jeffrey E. Thomas

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No abstract provided.

The Future Of Family Law Education, Barbara Glesner Fines

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No abstract provided.

Susan Nevelow Mart, Leadership Profile, Paul D. Callister

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No abstract provided.

Inherency In The Patenting Of Biotechnology And Pharmaceutical Innovation, Christopher M. Holman

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No abstract provided.

Patent Term Adjustment: Recent Developments At The Federal Circuit And Pto, Christopher M. Holman

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No abstract provided.

Congress Should Decline Ill-Advised Legislative Proposals Aimed At Evergreening Of Pharmaceutical Patent Protection, Christopher M. Holman

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There is a widespread perception that drug prices in the U.S. are much higher than they should be, and that the problem is only getting worse. Critics argue that the pharmaceutical industry is improperly gaming the system in a manner that takes advantage of legal loopholes and administrative limitations to the detriment of patients and third-party payers. Both houses of Congress responded in 2019 with a slew of hearings focused on pharmaceutical pricing, and dozens of bills have been introduced that would attempt to bring down the cost of drugs. Much of the discussion, and some of the proposed legislation, …

The Problem With Predators, June Carbone, William K. Black

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Both corporate theory and sex discrimination law start with presumptions that CEOs seek to advance legitimate ends and design the internal organization of business enterprises to achieve such ends. Yet, a growing literature questions why CEOs and boards of directors nonetheless select for Machiavellianism, narcissism, psychopathy, and toxic masculinity, despite the downsides associated with these traits. Three scholarly literatures—economics, criminology, and gender theory—draw on advances in psychology to shed new light on the construction of seemingly dysfunctional corporate cultures. They start by questioning the assumption that CEOs—even CEOs of seemingly mainstream businesses—necessarily seek to advance “legitimate” ends. Instead, they suggest …

Ajinomoto V. Itc, The Doctrine Of Equivalents, And Biomolecule Claim Limitations At The Federal Circuit, Christopher M. Holman

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The doctrine of equivalents (DOE) allows a court to hold an accused infringer liable for patent infringement in spite of the fact that the accused product (or process) does not fall within the literal scope of the asserted patent claim(s). Prosecution history estoppel (PHE), which can be triggered by a narrowing amendment of a patent claim during patent prosecution, or by arguments made during prosecution, imposes significant constraints on the ability of a patentee to assert the DOE. The 1990s and early 2000’s saw a proliferation of legal commentary postulating that the DOE would play an important role in protecting …

Procedural Fairness In A Pandemic: It's Still Critical To Public Trust, Kevin S. Burke, Steve Leben

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Social science research shows that when judges apply procedural fairness (procedural justice) principles while handling cases, litigant satisfaction with the court system and willingness to comply with court orders increases. These principles call for judges to be sure people in court have a chance to be heard, are dealt with by a neutral but empathetic judge, and have a good explanation of both procedures and outcome.

The COVID-19 pandemic has disrupted normal court operations, putting additional pressures on both courts and litigants. The pandemic has also occurred when public trust in institutions generally is lower than normal. Since adherence to …

Getting It Right Isn't Enough: The Appellate Court's Role In Procedural Justice, Steve Leben

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Extensive research has shown that adherence to procedural-justice principles leads to a greater sense of an authority’s legitimacy. In courts, adherence to procedural-justice principles leads to greater compliance with court orders, greater cooperation with courts, and higher overall approval for the court system. This Article applies the lessons of procedural justice to the appellate courts.

The Article first reviews public-opinion data about the courts, finding that a generally diminished trust in institutions includes the courts. The Article then reviews the research showing that the application of procedural-justice principles leads to a greater sense of court legitimacy. From that basis, the …

Introduction To Symposium Issue: Organizational And Transactional Structures For Social Entrepreneurship, Anthony J. Luppino

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No abstract provided.

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

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A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …

The Use Of Experts In Family Law Cases: An Annotated Bibliography, Allen Roston

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This bibliography covers significant issues relating to the use of experts in family law cases. For some topics, like the use of experts in child custody cases, it focuses on literature that is specific to the family law field. For topics that relate broadly to experts in all kinds of legal matters, it includes articles that shed valuable light on issues and concerns about the use of experts in general as well as articles that specifically relate to the use of experts in the family law realm.

Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds, Yvonne F. Lindgren

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No abstract provided.

Shadow, Light And Darkness: Bankruptcy's Business In-Fact And Business In-Law Justification Test Under Sec. 363(B), Kenneth D. Ferguson

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In this article, Professor Ferguson addresses the problem of business debtors who avoid the reorganization process of Chapter 11 bankruptcy by instead selling their business under Bankruptcy Code § 363. There is concern that the sales are not producing the best and highest values. Professor Ferguson proposes a two part business in-fact and business in-law process that he believes will produce fairer and more optimal results.

Drowsy Driving Considerations In Non-Commercial Drivers For The Sleep Physician, Ann Marie Marciarille, Anand Bhat, David Ingram, Damien Stevens

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The sleep physician faces many challenges in the assessment of drowsy driving. The following article reviews current clinical evaluation methods and legal considerations at the state level in the United States.

Community Economic Development Is Access To Justice, Anthony J. Luppino, Scott L. Cummings, Edward W. De Barbieri, Christyne Vachon, Steven Henry Hobbs, Brian Kingsley Krumm, Anika Singh Lemar, Brandon M. Weiss, Robert J. Miller, K. Sabeel Rahman, Alexandra Sickler, Paul R. Tremblay

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What gaps exist in the justice system that result in a need for services provided by community economic development attorneys? What is the evidence that those gaps actually exist? How do we know that community economic development practitioners fill those gaps, and in what way? These are merely a few of the questions addressed in this collection. At the Association of American Law Schools (AALS) annual meeting in San Diego in January 2018, legal scholars gathered to discuss this evolution as part of the discussion group, “Community Economic Development Is Access to Justice.” The goal of the discussion group was …

Introduction - Unprecedented: Deregulation, Executive Power, And Endangerment Of The Rule Of Law, Irma S. Russell

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No abstract provided.

The Art And Science Of The (Survival) Deal: The Role Of Administrative Agencies In Protecting The Public Against Unreasonable Risks, Irma S. Russell

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No abstract provided.

Gilead Sciences Sued For Failing To Bring A Follow-On Version Of Truvada To Market Sooner., Christopher M. Holman

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In 2012, the United States Food and Drug Administration (FDA) approved Truvada as the first drug for use in the prevention of HIV infection in healthy people who are at high risk of acquiring HIV through sexual activity. Developed and marketed by Gilead Sciences, Inc., Truvada is a fixed-dose combination of two antiretroviral compounds, tenofovir disoproxil fumarate (TDF) and emtricitabine. The World Health Organization (WHO) has identified both TDF and the combination of TDF and emtricitabine found in Truvada as “essential medicines.” In 2015, Gilead began marketing products containing tenofovir alafenamide fumarate (TAF) as a safer and more effective alternative …

Ethics, Malpractice And Professional Liability In Family Law Cases: An Annotated Bibliography, 2013-2018, Allen K. Rostron

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No abstract provided.

Introduction To The Symposium Issue: Blockchain Technology And The Law, Del C. Wright Jr.

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No abstract provided.

Women, Rule-Breaking, And The Triple Bind, June Carbone, Naomi Cahn, Nancy Levit

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Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and unethical behavior, as the unintended consequences of efforts to shake up complacent institutions or replace an insular old guard with an ambitious and meritocratic new workforce. A second, darker literature terms such Hobbesian environments “masculinities contests” that select for those executives who best exemplify masculine traits such as a single-minded focus on professional success, physical strength, and the …