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Articles 181 - 192 of 192
Full-Text Articles in Law
The “25% Rule” For Patent Infringement Damages After Uniloc, Roy J. Epstein
The “25% Rule” For Patent Infringement Damages After Uniloc, Roy J. Epstein
Duke Law & Technology Review
The 2011 decision by the Federal Circuit in Uniloc v. Microsoft properly condemned the “25% Rule,” which bases a reasonable royalty on 25% of an infringer’s profits. Nonetheless, at least one proponent of the Rule continues to argue that the Rule is fundamentally valid and should remain in use. This article analyzes the historical development of the Rule, its conceptual basis, its application in actual cases, and relevant insights from other recent Federal Circuit cases. Each analysis shows fundamental problems and contradictions that demonstrate the Rule can never be a reliable patent damages methodology. There is no reason to change …
A New Generation Of International Adjudication, Gary Born
A New Generation Of International Adjudication, Gary Born
Duke Law Journal
This Article challenges the conventional view of contemporary international adjudication. It identifies a new generation of international tribunals, which has been largely ignored by commentators, and argues that these tribunals offer a highly successful, alternative model to traditional public-international-law adjudicatory bodies. The proliferation of international tribunals is widely regarded as one of the most significant developments in international law over the past century. The subject has given rise to an extensive and robust body of academic commentary. Although commentators reach widely divergent conclusions about many aspects of international law and adjudication, they all agree that international tribunals differ fundamentally from …
Functional Intimate Association Analysis: A Doctrinal Shift To Save The Roberts Framework, Joshua P. Roling
Functional Intimate Association Analysis: A Doctrinal Shift To Save The Roberts Framework, Joshua P. Roling
Duke Law Journal
In Roberts v. U.S. Jaycees, the Supreme Court recognized intimate association as one of the two distinct senses of the freedom of association. In doing so, the Court identified two essential functions that justify constitutional protection for the relationships that provide them: intimate relationships cultivate and transmit shared ideals and beliefs, and they provide opportunities for emotional enrichment and self-identification by facilitating the creation of close bonds among members. Then, recognizing that familial relationships often exemplify these functions, the Court identified four aspects of family relationships that would help distinguish intimate from nonintimate associations: size, purpose, selectivity, and seclusion from …
Friendly, J., Dissenting, Michael Boudin
Don’T Mind The Gap: The Rise Of Individual Complaint Mechanisms Within International Human Rights Treaties, Alexandra R. Harrington
Don’T Mind The Gap: The Rise Of Individual Complaint Mechanisms Within International Human Rights Treaties, Alexandra R. Harrington
Duke Journal of Comparative & International Law
No abstract provided.
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
Duke Journal of Comparative & International Law
No abstract provided.
Banking On Cooperation: The Role Of The G-20 In Improving The International Financial Architecture, Arie C. Eernisse
Banking On Cooperation: The Role Of The G-20 In Improving The International Financial Architecture, Arie C. Eernisse
Duke Journal of Comparative & International Law
No abstract provided.
The Chemical Weapons Convention And Riot Control Agents: Advantages Of A “Methods” Approach To Arms Control, Benjamin Kastan
The Chemical Weapons Convention And Riot Control Agents: Advantages Of A “Methods” Approach To Arms Control, Benjamin Kastan
Duke Journal of Comparative & International Law
No abstract provided.
Proportionality In Constitutional Law: Why Everywhere But Here?, Bernard Schlink
Proportionality In Constitutional Law: Why Everywhere But Here?, Bernard Schlink
Duke Journal of Comparative & International Law
No abstract provided.