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Articles 1 - 22 of 22
Full-Text Articles in Law
Corporate Governance Gaming: The Collective Power Of Retail Investors, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Corporate Governance Gaming: The Collective Power Of Retail Investors, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
The GameStop saga and meme stock frenzy have shown the pathway to the most disruptive revolution in corporate governance of the millennium. New generations of retail investors use technologies, online forums, and gaming dynamics to coordinate their actions and obtain unprecedented results. Signals indicate that these investors, whom we can dub wireless investors, are currently expanding their actions to corporate governance. Wireless investors’ generational characteristics suggest that they will use corporate governance to pursue social and environmental causes. In fact, wireless investors can set in motion a social movement able to bring business corporations to serve their original partly-private-partly-public purpose. …
An Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu
An Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu
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We examine the libraries' roles within the "epistemic foundation of society.” Our analysis is in response to the omission of Yale Law Dean Gerken of the role of libraries in her recent article about legal education's new focus and to remarks by AALS President Vicki Jackson that suggest an uncertain role for libraries. We have adapted holistic ecological media theory, as developed by Ronald Deibert, to reject a technologically deterministic view of libraries as having no future. We have considered the role of law libraries in the social epistemology or cognitive authority of the legal community, the role of law …
Sacred Corporate Law, Giancarlo Anello, Sergio Alberto Gramitto Ricci, Mohamed Arafa
Sacred Corporate Law, Giancarlo Anello, Sergio Alberto Gramitto Ricci, Mohamed Arafa
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This Article investigates the sacred origins of the corporate form. It sheds light on the sacred rituals performed to establish Ancient Roman cities as legal entities. It discusses the role of the Roman Catholic Church in developing the corporate form and in giving birth to a systemized set of rules regulating corporations, which we commonly call corporate law. It analyzes the limitations to the use of the corporate form in Islamic law as well as the streams of Islamic law jurisprudence that recognize legal capacity to specific entities with religious, social, or charitable purposes. It surveys the characteristics of two …
Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean O'Brien
Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean O'Brien
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This article was written in response to an invitation to participate in the 2016 Richard J. Childress Memorial Lecture at St. Louis University School of Law. It focuses on the relationship between public defender funding, quality of representation, and the risk of convicting the innocent, drawing on specific examples of Missouri defendants who were convicted and sentence to prison or to death in spite of their innocence.
Seila Law As Separation-Of-Powers Posturing, Edward Cantu
Seila Law As Separation-Of-Powers Posturing, Edward Cantu
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The Court rarely decides separation-of-powers cases, and when it does, academics usually scramble to fit such decisions into a broader doctrinal narrative. Such was the case when in June of 2020 the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau. In short, the Court ruled that it is unconstitutional for Congress to restrict the President’s removal power of an agency head if that agency is headed by a single person. For some reason, the Court concluded that such removal restrictions are permissible when applied to multi-headed agencies but not single-headed agencies. This Article argues that an attempt …
Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
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Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.
Submission Of Law Student Articles For Publication, Nancy Levit, Lawrence D. Maclachlan, Allen Rostron, Staci J. Pratt
Submission Of Law Student Articles For Publication, Nancy Levit, Lawrence D. Maclachlan, Allen Rostron, Staci J. Pratt
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Each year law students collectively write a large number of papers that could become law review articles but that are never published. Most law schools require students at some point during their time in law school to research and write an academic paper of publishable quality or seminar paper. Some of these are law review notes and comments that are not selected for publication. Others of these are papers written for specific substantive classes or to fulfill research and writing requirements. Most of these student papers - even very worthy ones - will never be published or posted online. The …
In Juno V. Kite The Federal Circuit Strikes Down Patent Directed Towards Pioneering Innovation In Car T-Cell Therapy, Christopher M. Holman
In Juno V. Kite The Federal Circuit Strikes Down Patent Directed Towards Pioneering Innovation In Car T-Cell Therapy, Christopher M. Holman
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Chimeric antigen receptor T-cells (also known as CAR T-cells) are T-cells that have been genetically engineered to produce an artificial T-cell receptor for use in immunotherapy. In recent years CAR-T cell therapy has emerged as an important new modality of cancer treatment, particularly for blood-borne cancers like leukemia. As would be expected, important advances in the development of CAR T-cell therapy have been the subject of extensive patenting and licensing activity. Juno v. Kite, a recent decision of the Court of Appeals of the Federal Circuit striking down a foundational CAR T-cell therapy patent, has raised serious questions as to …
Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan Hudson, Rex Sharp, Nancy Levit
Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan Hudson, Rex Sharp, Nancy Levit
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No abstract provided.
Contemporary Issues In The Law Of Trusts: An Annotated Bibliography, Allen K. Rostron
Contemporary Issues In The Law Of Trusts: An Annotated Bibliography, Allen K. Rostron
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No abstract provided.
The Federal Circuit Continues To Grapple With The Question Of Patent Eligibility For Diagnostic Methods, Christopher M. Holman
The Federal Circuit Continues To Grapple With The Question Of Patent Eligibility For Diagnostic Methods, Christopher M. Holman
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This article considers the current state of affairs at the Federal Circuit with regard to the patent eligibility of diagnostic methods. Diagnostics v. Mayo Collaborative Servs. I then look at all of the decision decisions I could find in which the court strikes down diagnostic method claims as patent ineligible under Mayo v. Prometheus, of which there are quite a few. Finally, I turn to the handful of cases, all decided in 2018 or later, in which the Federal Circuit has upheld the patent eligibility of diagnostic claims, the most significant of which I believe to be Vanda Pharmaceuticals v. …
Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim
Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim
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The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers. …
Pandemic, Protest, And Agency: Jury Service And Equal Protection In A Future Defined By Covid-19, Patrick C. Brayer
Pandemic, Protest, And Agency: Jury Service And Equal Protection In A Future Defined By Covid-19, Patrick C. Brayer
Faculty Works
This essay calls for an expansive view of Fourteenth Amendment equal protection against the discriminatory empanelment of juries grounded upon a culture of systemic racism. For an individual juror fundamental elements of survival during a pandemic are access to health care, safe transportation, and connective technology. Yet, structural and systemic racism precludes many potential jurors of color from securing these necessary supports, thus denying them the ability to be recognized on juror source list or accommodated for jury service. Jury service is a direct and impactful act of citizen agency over the justice system, and the systemic exclusion of individuals …
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, 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. …
In Re: Huping Hu: Quantum Entanglement, Medical Innovation, And Patentability On The Scientific “Fringe”., Christopher M. Holman
In Re: Huping Hu: Quantum Entanglement, Medical Innovation, And Patentability On The Scientific “Fringe”., Christopher M. Holman
Faculty Works
In a recently issued non-precedential decision, In re Huping Hu, the Federal Circuit affirmed the PTO’s rejection of patent claims based on the incredible nature, and presumed inoperability, of the claimed invention. The would-be inventors, a husband-and-wife team both having have PhDs from the University of Illinois at Champaign-Urbana, claim to have discovered how to harness “quantum entanglement” to achieve “non-local” manipulation of water, and even more fantastically, manipulation of a human subject that has ingested the water. For example, they assert that they can quantum entangle a sample of water, divide the water into two portions, and have a …
Government Involvement In Pharmaceutical Development Can Come Back To Haunt A Drug Company, Christopher M. Holman
Government Involvement In Pharmaceutical Development Can Come Back To Haunt A Drug Company, Christopher M. Holman
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The U.S. government has long played a significant role in pharmaceutical innovation, often through the funding of research, or collaboration in clinical trials. Unfortunately, government involvement can come at a cost for innovative drug companies, leading to allegations that taxpayers are being required to “pay twice” for the resulting drugs, particularly when the drug is considered essential and is offered at a price that is seen as “unreasonably” high. This Article discusses two aspects of ongoing efforts to leverage government involvement in pharmaceutical development and commercialization as a means for regulating of drug prices. The first is the assertion that …
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Faculty Works
Despite the assertions by many, including eminent refugee scholars, UNHCR, and other refugee advocates, and except within the contexts of the regional regimes of Africa and Latin America, international law, including the 1951 Refugee Convention (and its 1967 Protocol) and the customary international law of non-refoulement, does not obligate States to admit into their territories asylum seekers or refugees, including those who appear at their frontiers seeking territorial asylum. This Article establishes this claim, considers this absence as a normative incoherency within international refu-gee law, and then concludes by urging States to consent to an obligation to admit asylum seekers …
Perma.Cc And Web Archival Dissonance With Copyright, Paul D. Callister
Perma.Cc And Web Archival Dissonance With Copyright, Paul D. Callister
Faculty Works
Harvard’s Perma.cc offers the solution to linkrot—the phenomenon that citations in academic journals to web materials disappears with the passage of time, resulting in “broken links” and disappearance of material from the Web.
This article will describe Perma.cc and outline the kinds of copyright issues that may arise, including heavy use of copyright statutes and caselaw. It will examine the kind of preservation use of copyrighted materials, with reference to fair use, and the library prerogatives as exceptions to the exclusive rights of authors of materials found on the Web. This analysis includes detailed analysis of “transformative use” and the …
Professional Identity In Time Of Uncertainty: Not Moment Too Soon, Margaret E. Reuter
Professional Identity In Time Of Uncertainty: Not Moment Too Soon, Margaret E. Reuter
Faculty Works
No abstract provided.
Branded Drug Companies Are Successfully Asserting The Doctrine Of Equivalents In Hatch-Waxman Litigation, Christopher M. Holman
Branded Drug Companies Are Successfully Asserting The Doctrine Of Equivalents In Hatch-Waxman Litigation, Christopher M. Holman
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This article reports the results of a study analyzing every Federal Circuit decision the author could find dating back to 2005 that applies the doctrine equivalents (DOE) in the context of pharmaceutical patent litigation, and in particular infringement lawsuits brought against Abbreviated New Drug Application (ANDA) applicants by branded drug companies under the Hatch-Waxman Act. The results of this study show that pharmaceutical innovators were prevailing against would-be generic competitors under the DOE both prior to, and subsequent to, a 2007 article by Professors Lemley and Allison describing the demise of the doctrine equivalents, but that patentees’ success rate has …
In Minerva V. Hologic, The U.S. Supreme Court Reins In The Equitable Doctrine Of Assignor Estoppel, Christopher M. Holman
In Minerva V. Hologic, The U.S. Supreme Court Reins In The Equitable Doctrine Of Assignor Estoppel, Christopher M. Holman
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Assignor estoppel is an equitable remedy that prohibits an assignor of a patent, or one in privity with an assignor, from attacking the validity of that patent when he is sued for infringement by the assignee. On June 29, 2021, the U.S. Supreme Court issued its decision in Minerva v. Hologic, holding that while AE remains a viable doctrine, the Federal Circuit has on many occasions, including the instant case, applied the doctrine in an overly expansive manner, particularly in cases where the patent claims at issue differ substantially from any patent claims that were in existence at the time …
Why Illinois Should Reevaluate Its Video Tolling (V-Toll) Subsidy, Randall K. Johnson
Why Illinois Should Reevaluate Its Video Tolling (V-Toll) Subsidy, Randall K. Johnson
Faculty Works
Tolls are levies with a limited base. This base is made up of drivers that pay user fees, in cash or via electronic transponder, in exchange for access to state-administered roads. In Illinois, every single toll is a function of three factors: vehicle characteristics, tollway entry point, and how far a driver goes on state-administered roads.
It is commonly assumed that any toll violation, i.e., any failure to pay, results in a traffic ticket, administrative fees and state-imposed sanctions. Such an assumption, however, is only partly true due to overly forgiving Illinois state policies. Examples include the Traffic Ticket Exemption, …