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Seven-Sky V. Holder - Dc Circuit Opinion, United States Court Of Appeals For The District Of Columbia Circuit Nov 2011

Seven-Sky V. Holder - Dc Circuit Opinion, United States Court Of Appeals For The District Of Columbia Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram Oct 2011

No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram

Faculty Publications

This issue brief presents the argument that state immigration enforcement laws, like Arizona's SB 1070, are unconstitutional. The Supreme Court's recent Whiting decision, upholding Arizona's E-Verify and business licensing law, does not not alter the analysis or conclusion with regards to broader enforcement type schemes.


Environmental Tort Litigation In China, Tseming Yang, Adam Moser Oct 2011

Environmental Tort Litigation In China, Tseming Yang, Adam Moser

Faculty Publications

This paper provides an introduction to environmental tort law and practice in China, and briefly reviews China's 2009 Tort Law and its chapter on environmental torts. This paper, one of several, was prepared for U.S. Department of Justice and Environmental Protection Agency officials participating in a set of roundtables and discussions on environmental law enforcement in China with senior officials from the Supreme People's Procuratorate, Supreme People's Court, Ministry of Environmental Protection, Guangzhou Maritime Court, and environmental law scholars.


Is The Copyright Public Domain Irrevocable?: An Introduction To Golan V. Holder, Tyler T. Ochoa Oct 2011

Is The Copyright Public Domain Irrevocable?: An Introduction To Golan V. Holder, Tyler T. Ochoa

Faculty Publications

No abstract provided.


An Empirical Study Of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?, Brian J. Love Aug 2011

An Empirical Study Of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?, Brian J. Love

Faculty Publications

This article reports the findings of an empirical analysis of the relative ages of patents litigated by practicing and non-practicing patentees. Studying all infringement claims brought to enforce a sample of recently expired patents, I find considerable variance. Product-producing companies predominately enforce their patents soon after issuance and complete their enforcement activities well before their patent rights expire. NPEs, by contrast, begin asserting their patents relatively late in the patent term and frequently continue to litigate to the verge of expiration. This variance in litigation timing is so dramatic that all claims asserting the average product-company patent are resolved before …


Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities Aug 2011

Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley Aug 2011

Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association Aug 2011

Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison Aug 2011

Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler Aug 2011

Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win Aug 2011

Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler Aug 2011

Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris Aug 2011

Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit Aug 2011

Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Appellees Brief, Timothy Geithner Aug 2011

Kinder V. Geithner - Appellees Brief, Timothy Geithner

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit Aug 2011

Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


New Jersey Physicians V. President Of The United States - Third Circuit Opinion, United States Court Of Appeals For The Third Circuit Aug 2011

New Jersey Physicians V. President Of The United States - Third Circuit Opinion, United States Court Of Appeals For The Third Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Thomas More Law Center V. Obama - Petition For Writ Of Certiorari, Thomas More Law Center Jul 2011

Thomas More Law Center V. Obama - Petition For Writ Of Certiorari, Thomas More Law Center

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Seven-Sky V. Holder - Reply Brief Of Plaintiffs, American Center For Law & Justice Jul 2011

Seven-Sky V. Holder - Reply Brief Of Plaintiffs, American Center For Law & Justice

Patient Protection and Affordable Care Act Litigation

No abstract provided.


U.S. Citizens Ass'n V. Sebelius - Appellants' Reply Brief, U.S. Citizens Association Jul 2011

U.S. Citizens Ass'n V. Sebelius - Appellants' Reply Brief, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.


U.S. Citizens Ass'n V. Sebelius - Brief Of United States, Kathleen Sebelius Jul 2011

U.S. Citizens Ass'n V. Sebelius - Brief Of United States, Kathleen Sebelius

Patient Protection and Affordable Care Act Litigation

No abstract provided.


U.S. Citizens Ass'n V. Sebelius - District Court's Final Judgment On Count 1, United States District Court For The Northern District Of Ohio Jul 2011

U.S. Citizens Ass'n V. Sebelius - District Court's Final Judgment On Count 1, United States District Court For The Northern District Of Ohio

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Thomas More Law Center V. Obama - Sixth Circuit Opinion, United States Court Of Appeals For The Sixth Circuit Jun 2011

Thomas More Law Center V. Obama - Sixth Circuit Opinion, United States Court Of Appeals For The Sixth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Seven-Sky V. Holder - Brief Of United States, Eric Holder Jun 2011

Seven-Sky V. Holder - Brief Of United States, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Why Should States Pay For Prisons, When Local Officials Decide Who Goes There?, W. David Ball Jun 2011

Why Should States Pay For Prisons, When Local Officials Decide Who Goes There?, W. David Ball

Faculty Publications

In the United States, states typically pay for prisons, even though the decisions that lead to prison admissions — arresting, charging, and sentencing — are made by local officials. The practice of state subsidies is relatively recent: there were no state prisons in the early part of the country’s history, and even as state institutions began to be developed, they largely supported themselves financially, rendering the notion of subsidies moot. Given the political economy of local decision-making, local preferences are unlikely to result in optimally-sized state prison populations. This Article suggests that since state prison subsidies may not be desirable …


Kinder V. Geithner - Brief Of Appellants, Peter Kinder Jun 2011

Kinder V. Geithner - Brief Of Appellants, Peter Kinder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Planning For Same-Sex Couples In 2011, Patricia A. Cain Jun 2011

Planning For Same-Sex Couples In 2011, Patricia A. Cain

Faculty Publications

This article is the published version of a CLE outline prepared for ALI-ABA in January 2011 and then updated in March 2011. It includes citations to relevant authority regarding a number of tax issues that same-sex couples encounter both under the income tax and under the estate and gift tax system. The outline also includes a list of states that recognize the status of same-sex couples as married, registered domestic partners, civil unions, or similar forms of recognition, and identifies those states in which legislative action recognizing same-sex couples is possible and those in which it is not, due to …


Protecting Domestic Industries At The Itc, Colleen Chien Jun 2011

Protecting Domestic Industries At The Itc, Colleen Chien

Faculty Publications

The International Trade Commission (ITC) provides injunctive relief from imports that infringe intellectual property to “domestic industries.” Differences in opinion about what this term means have divided those who do and those who don’t practice their patents. Should they both have access to the ITC? This article reviews the statute, its history, and its application to this question. It agrees with the Commission’s finding in Coaxial Cable that the design and history of the statute favor activity that furthers the development and commercialization of technology. It suggests two changes to more closely align ITC practice with the statute. The ITC …


Virginia V. Sebelius - Virginia Supplemental Brief, Commonwealth Of Virginia May 2011

Virginia V. Sebelius - Virginia Supplemental Brief, Commonwealth Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Virginia V. Sebelius - Supplemental Brief, United States Court Of Appeals For The Fourth Circuit May 2011

Virginia V. Sebelius - Supplemental Brief, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.