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Articles 1 - 11 of 11
Full-Text Articles in Law
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
American University Law Review
No abstract provided.
Understanding Pleading Doctrine, A. Benjamin Spencer
Understanding Pleading Doctrine, A. Benjamin Spencer
Michigan Law Review
Where does pleading doctrine, at the federal level, stand today? The Supreme Court's revision of general pleading standards in Bell Atlantic Corp. v. Twombly has not left courts and litigants with a clear or precise understanding of what it takes to state a claim that can survive a motion to dismiss. Claimants are required to show "plausible entitlement to relief' by offering enough facts "to raise a right to relief above the speculative level." Translating those admonitions into predictable and consistent guidelines has proven illusory. This Article proposes a descriptive theory that explains the fundaments of contemporary pleading doctrine in …
Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Michael A. Carrier
Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Michael A. Carrier
Michigan Law Review
A tidal wave of high drug prices has recently crashed across the U.S. economy. One of the primary culprits has been the increase in agreements by which brand-name drug manufacturers and generic firms have settled patent litigation. The framework for such agreements has been the Hatch-Waxman Act, which Congress enacted in 1984. One of the Act's goals was to provide incentives for generics to challenge brand-name patents. But brand firms have recently paid generics millions of dollars to drop their lawsuits and refrain from entering the market. These reverse-payment settlements threaten significant harm. Courts nonetheless have recently blessed them, explaining …
In Re Cotton Yarn Antitrust Litigation, Christopher M. Huber
In Re Cotton Yarn Antitrust Litigation, Christopher M. Huber
South Carolina Law Review
No abstract provided.
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
American University Law Review
Courts have developed several non-technical “secondary considerations” to help judges and juries in patent litigation decide whether a patent meets the crucial statutory requirement that a patent be non-obvious. This Article proposes a tenth secondary consideration to help judges and juries: increased market power. If a patent measurably increases its holders’ market power in the market into which it sells products or services, then that increase should weigh in favor of finding the patent non-obvious. Using increased market power incorporates the predictive benefits of several other secondary considerations, while often increasing the accuracy and availability of evidence. It would provide …
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Journal of Business & Technology Law
No abstract provided.
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Oklahoma Law Review
No abstract provided.
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the broadcasting of professional sporting events is a multi-billion dollar industry, and the National Football League (NFL) alone earned more than $3 billion from television contracts during its 2008 season. Considering the massive revenues that broadcast rights can generate, it is no surprise that some major professional sports leagues have recently developed their own television networks. While it was not the first league-owned television network, the NFL Network has certainly generated the most attention. Since it started broadcasting a select number of NFL regular season games in 2006, the NFL Network has been subject to media …
"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.