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Articles 1 - 7 of 7

Full-Text Articles in Law

Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell Apr 2015

Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell

NULR Online

Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments by ruling that “the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.” In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 1791, the Court turned to “the relative interpretive skills of …


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer Feb 2015

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman Feb 2015

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy Feb 2015

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh Jan 2015

Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh

NULR Online

No abstract provided.


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.