Law Commons^™

Patenting Intangible Methods: Revisiting Benson (1972) After Bilski (2010), Donald S. Chisum

Santa Clara High Technology Law Journal

No abstract provided.

Revisiting Trial Basics Every Time: A Ritual For Courtroom Success, Maureen A. Howard

Articles

With fewer cases progressing to trial, many attorneys do not have adequate opportunities to practice the skills necessary to be successful in the courtroom. Here the author provides a useful and uncomplicated examination of the basic trial advocacy skills, which should be reviewed each time an attorney prepares for trial. Writing for the busy practicing attorney, the author concisely addresses six key stages of trial: voir dire, opening statement, direct examination, cross-examination, impeachment, and closing argument.

Taking Better Depositions By Thinking "Outside The Box", Maureen A. Howard

Articles

While there are reasons a lawyer may ask questions in a deposition to confirm what she thinks she already knows—nailing down facts for a summary judgment motion, confirming factual and legal theories, perpetuating a witness’s testimony, or facilitating settlement by flexing favorable facts—gathering information the lawyer does not know remains the primary goal of almost every deposition. Despite this, lawyers too often ask questions based on what they already know, limiting the universe of answers and undermining the goal of gathering information.

By the time a lawyer notes depositions, she has already built a “working model” of the case based …

The Asymmetry Of Duty In Criminal Trial Practice, Maureen A. Howard

Articles

Although the American trial system has been likened to an arena in which mental combatants fight “to the death” (the verdict), each warrior similarly skilled and equally committed to vanquishing the other in a forum with formal rules of engagement enforced by a learned and impartial judge, the role of the criminal prosecutor is qualitatively different than that of other advocates. This is because, unlike any other lawyer, a criminal prosecutor has an affirmative duty to the opposing party.

A lawyer who represents an individual client is duty-bound to advance that client’s interests vigorously within the bounds of the law. …

Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes

Articles

No abstract provided.

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …

Open Robotics, M. Ryan Calo

Articles

Robotics is poised to be the next transformative technology. Robots are widely used in manufacturing, warfare, and disaster response, and the market for personal robotics is exploding. Worldwide sales of home robots—such as iRobot’s popular robotic vacuum cleaner—are in the millions. In fact, Honda has predicted that by the year 2020, it will sell as many robots as it does cars. Microsoft founder Bill Gates believes that the robotics industry is in the same place today as the personal computer (“PC”) business was in the 1970s, a belief that is significant given that there are now well over one billion …

Enforcement Of Open Source Software Licenses: The Mdy Trio's Inconvenient Compliations, Robert W. Gomulkiewicz

Articles

The Federal Circuit’s ruling in Jacobsen v. Katzer [535 F.3d 1373 (Fed. Cir. 2008)] finally settled the question of whether open source licenses are enforceable. Unfortunately, three recent cases from the Ninth Circuit have complicated matters. I call this trio of cases the “MDY Trio” in honor of the Ninth Circuit’s prior trio of licensing cases known as the “MAI Trio.”

On the surface, the MDY Trio provides a boost for the enforceability of software licenses, but the MDY Trio also creates two significant complications for open source licenses. First, the MDY Trio’s test for distinguishing between licenses and copyright …

Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen

Articles

In the aftermath of the Deepwater Honrzon oil spill of 2010, Prsident Obama uged Congess to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmosphenc Administration with the standard of judicial review prescrbed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional …

Electronic Chattel Paper: Invitation Accepted, Jane K. Winn

Articles

In 1999, Revised U.C.C. Article 9 governing secured lending was updated to permit the creation of "electronic chattel paper" ("ECP"). Traditional chattel paper is used widely in some sectors of the US economy to finance equipment purchases in part because a chattel paper financers who perfects by taking possession can achieve priority over a pre-existing secured lender who perfected by filing. Revised U.C.C. § 9-105 defined a new form of "control" over ECP that would be treated as equivalent to possession of traditional chattel paper, permitting chattel paper financers to retain their superpriority status with electronic documents.

Because chattel paper …

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee

Articles

A group of detainees remains in the detention facility at the U.S. naval station in Guantánamo Bay, Cuba (“Guantánamo”) almost a decade after the facility began to hold suspected combatants arrested in connection with the U.S. conflict in Afghanistan. As U.S. officials have acknowledged, in many cases these supposed combatants turned out to have no connection to al Qaeda or terrorism. Many were foreigners who had fled home countries to escape persecution and lived as undocumented aliens in Afghanistan or Pakistan. When the United States began its military campaign in Afghanistan and offered bounties for the arrest of terrorists, the …

Common Law Same-Sex Marriage, Peter Nicolas

Articles

In this Essay, I demonstrate that, with the extension of the right to marry to same-sex couples in Iowa, the District of Columbia, and New Hampshire (all states that recognize common law marriage), there now exists the possibility that—for the first time in the United States—a same-sex couple may enter into a legally recognized common law marriage.

In the Essay, I first show, as a doctrinal matter, that same-sex couples have the right to enter into common law marriages in these three jurisdictions, and I explain and compare the criteria for entering into common law marriages in each of them. …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Canada, Marie-France Bureau

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Introduction Comparative Family Law: What Is The Global Family? Family Law In Decolonization, Modernization And Globalization , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Running In(To) The Family: 8 Short Stories About Sex Workers, Clients, Husbands, And Wives, Ummni Khan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Interacting Legal Orders And Child Marriages In India, Domenico Francavilla

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Feminist Fumdamentalism As An Individual And Constitutional Commitment, Mary Anne Case

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Critical Family Law, Maria Rosaria Marella

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Book Review: Legal Practice And Cultural Diversity, Pascale Fournier, Anna Dekker

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Gender And Invention: Mapping The Connections, Victoria Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Do Patents Have Gender?, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Amending The Defense Of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights For Same-Sex Couples, Nancy Kubasek, Christy Glass, Kate Cook

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Welfare Reform’S Inadequate Implementation Of The Family Violence Option: Exploring Dual Oppression Of Poor Domestic Violence Victims, Rachel J. Gallagher

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Organizational Representation And The Frontiers Of Gatekeeping, William H. Simon

American University Journal of Gender, Social Policy & the Law

No abstract provided.