Law Commons^™

Supreme Court Asked To Consider Role Of Post-Filing Evidence In Assessing Obviousness Of Pharmaceutical Inventions, Christopher M. Holman

Faculty Works

On January 20, 2015, Bristol-Myers Squibb petitioned for certiorari in Bristol-Myers Squibb v. Teva Pharmaceutical, asking whether an assessment of obviousness should "consider post-filing evidence showing the actual differences between a patented invention and the prior art." The district court had found patent claims directed towards Entacavir (an anti-hepatitis drug) obvious in view of structural similarity between the drug and a prior art compound, in spite of the fact that the prior art compound was highly toxic and therefore not a viable candidate for use as a human drug. A Federal Circuit panel affirmed the district court's decision to disregard …

The Critical Role Of Patents In The Development, Commercialization And Utilization Of Innovative Genetic Diagnostic Test And Personalized Medicine, Christopher M. Holman

Faculty Works

Arguments in favor of reining in the availability of effective patent protection in the area of genetic diagnostic testing are based largely on two fundamental misconceptions regarding the role of patents in this important area of technological innovation. The first is the mistaken assumption that patents negatively impact patient access to genetic diagnostic testing by preventing research that might lead to new or improved versions of a genetic test and by increasing the cost of testing services. The second is the failure to appreciate the substantial positive role patents play in in the development and utilization of genetic diagnostic tests. …

Blackness As Character Evidence, Mikah K. Thompson

Faculty Works

Federal Rule of Evidence 404 severely limits the government's ability to offer evidence of a defendant's character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim's character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers evidence of an …

Improperly Burdened: The Uncertain And Sometimes Unfair Application Of Tax Penalties, Del C. Wright Jr.

Faculty Works

For the past seventeen years, the Internal Revenue Service (Service) and the U.S. Tax Court (Tax Court) have unfairly penalized unrepresented taxpayers by ignoring Congressional safeguards in reaction to widely reported Service abuses. Those safeguards were enacted when Congress passed the Internal Revenue Service Restructuring and Reform Act in 1998 (IRS Reform Act). While the IRS Reform Act stopped many of the more egregious abuses, it has thus far failed to provide the meaningful penalty protections Congress sought.

Prior to passage of the IRS Reform Act, the Service routinely imposed tax penalties without indicating to taxpayers either the statutory basis …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Offshore Safety And Environmental Regimes: A Post-Macondo Comparative Analysis Of The United States And The United Kingdom, Jeffery Ray

MC Law Review

No abstract provided.

Implied Assertions In Evidence Law: A Retrospective, Christopher G. Miller

MC Law Review

No abstract provided.

You've Been Generally Warned - Smoking Is Bad: R. J. Reynolds Tobacco Co. V. Food And Drug Administration And The Fight Over Graphic Warning Images In The First Amendment Context, J. D. Cooley

MC Law Review

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Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents

Getting Away With Murder: Undermining The Louisiana Legislature's Attempt To Impose Harsher Penalties For Child Deaths Resulting From A Parent's Failure To Supervise, Taylor W. Prejean

MC Law Review

No abstract provided.

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

MC Law Review

No abstract provided.

Law, Legitimacy, And The Maligned Adverb, James M. Donovan

MC Law Review

No abstract provided.

Title Page, Mc Law

MC Law Review

Title Page

Table Of Contents-Issue 1, Mc Law

MC Law Review

Table of Contents

Title Page, Mc Law

MC Law Review

Title Page

The Statutory Implications Of The Public's Right To View Executions: A State By State Analysis, Kate Esther Rapp

MC Law Review

No abstract provided.

Do Biotech Patent Lawsuits Really “Overwhelmingly Lose?”: A Response To Our Divided Patent System, Christopher M. Holman

Faculty Works

On October 14, 2014, Stanford’s Professor Mark Lemley tweeted “My new study with Allison & Schwartz shows that software and biotech patent lawsuits overwhelmingly lose.” He was referring to an article entitled Our Divided Patent System, co-authored by Lemley and two other prominent law professors. Taken at face value, the assertion that “biotech patent lawsuits overwhelmingly lose” would seem to hold troubling implications for biotechnology. In order to better understand the basis for Lemley’s assertion, I reanalyzed the underlying data and found that the situation is not nearly as bleak as his tweet might suggest. My significantly different interpretation of …

Developments In Synthetic Biology Are Altering The Ip Imperatives Of Biotechnology, Christopher M. Holman

Faculty Works

While the accomplishments of the biotechnology industry have been substantial, recent technological advances promise to dramatically increase the power and utility of the discipline over the coming years. The term “synthetic biology” has been coined to describe the application of these powerful new tools to the engineering of synthetic genetic sequences and organisms. In essence, synthetic biology represents the next iteration in the ongoing evolution of biotechnology, and hopes run high that in time, the fruits of synthetic biology will dwarf the past successes of conventional biotechnology. There is, however, some concern that the current patent-centric approach to Intellectual Property …

Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.