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Articles 31 - 35 of 35
Full-Text Articles in Law
Book Review Of Thomas J. Davis, Race Relations In America: A Reference Guide With Primary Documents, Brant T. Lee
Book Review Of Thomas J. Davis, Race Relations In America: A Reference Guide With Primary Documents, Brant T. Lee
Brant T. Lee
Book Review.
The Uniform Trust Code: An Analysis Of Ohio's Version, Alan Newman
The Uniform Trust Code: An Analysis Of Ohio's Version, Alan Newman
Alan Newman
THE UNIFORM TRUST CODE: AN ANALYSIS OF OHIO'S VERSION
The Uniform Trust Code (UTC), which was promulgated in 2000, is the first national codification of the law of trusts. It has been adopted, with modifications, in 19 jurisdictions and is under consideration for adoption in many others. The Ohio Trust Code (OTC), which includes many significant modifications from the UTC, was enacted in June 2006, with an effective date of January 1, 2007.
The OTC is the product of extensive study of the UTC by a joint committee of members of the Estate Planning, Trust, and Probate Law Section of …
Ebay Rx, Tracy A. Thomas
Ebay Rx, Tracy A. Thomas
Tracy A. Thomas
From a remedial perspective, the decision of the U.S. Supreme Court in eBay Inc. v. MercExchange, L.L.C reopened the age-old question of what it means to award equitable relief. In eBay, the Court rejected a permanent injunction issued by the U.S. Court of Appeals for the Federal Circuit to protect a business-method patent that defendant eBay had infringed on its successful auction website. This essay diagnoses the remedial problem in eBay as the improper use of presumptions for equitable relief that effectively prioritizes selected legal rights. It offers a prescriptive cure for the problem in the traditional balancing of the …
Ebay's Practical Effect: Two Differing Visions, Jay Dratler
Ebay's Practical Effect: Two Differing Visions, Jay Dratler
Jay Dratler
This short paper examines the likely effect of the Court's three opinions on the actual practice of intellectual property cases in their remedial phase. The first part briefly discusses the unanimous opinion and its likely economic effect in increasing the already daunting complexity-and therefore the already considerable cost-of intellectual property litigation. The second part examines the first concurring opinion and the effect of its implicit suggestion that nothing much has really changed. The third part examines the possible practical effect of the second concurring opinion. The conclusion then offers a few general observations on where remedial practice in patent cases …
Thinking About Leaving? The Ethics Of Departing One Firm For Another, John Sahl
Thinking About Leaving? The Ethics Of Departing One Firm For Another, John Sahl
John Sahl
Lawyers today increasingly change jobs, suggesting to some that lawyer movement is becoming the norm. For example, one study reported that an average of 15 out of 100 associates annually depart a law firm. Today's mobility is in stark contrast to a half-century ago when lawyers might reasonably expect to remain with the same firm for their entire careers.
Occupational movement in the legal profession is likely to continue for several reasons. First, many law students graduate with substantial educational debt. As a result, some graduates accept jobs that are not their “real” first choice but that pay well with …