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Articles 1 - 30 of 49
Full-Text Articles in Law
If Hindsight Is 20/20, Our Justice System Should Not Be Blind To New Evidence Of Innocence: A Survey Of Post-Conviction New Evidence Statutes And A Proposed Model, Paige Kaneb
Faculty Publications
No abstract provided.
The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko
The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko
Santa Clara High Technology Law Journal
The Internet of Things: Where Privacy and Copyright Collide
A Genre Theory Of Copyright, Omri Rachum-Twaig
A Genre Theory Of Copyright, Omri Rachum-Twaig
Santa Clara High Technology Law Journal
A Genre Theory of Copyright
Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel
Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel
Santa Clara High Technology Law Journal
Indifference and Secondary Liability for Copyright Infringement
Brief Of Amici Curiae - 56 Professors Of Law And Economics In Support Of Petition For Writ Of Certiorari In Tc Heartland Llc V. Kraft Foods Group Brands Llc, No. 16-341, Colleen V. Chien, Mark Lemley, Brian Love, Arti K. Rai
Brief Of Amici Curiae - 56 Professors Of Law And Economics In Support Of Petition For Writ Of Certiorari In Tc Heartland Llc V. Kraft Foods Group Brands Llc, No. 16-341, Colleen V. Chien, Mark Lemley, Brian Love, Arti K. Rai
Historical and Topical Legal Documents
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant …
Inter Partes Review: Current Thinking On What, When, Why, And How Much, Brian Love
Inter Partes Review: Current Thinking On What, When, Why, And How Much, Brian Love
Faculty Publications
Slide deck from a presentation as part of the Merchant & Gould's CLE program on Inter Partes Review.
Predictably Expensive: A Critical Look At Patent Litigation In The Eastern District Of Texas, Brian Love
Predictably Expensive: A Critical Look At Patent Litigation In The Eastern District Of Texas, Brian Love
Faculty Publications
In this Essay, we compare U.S. patent litigation across districts and consider possible explanations for the Eastern District of Texas’s popularity with patent plaintiffs. Rather than any one explanation, we conclude that what makes the Eastern District so attractive to patent plaintiffs is the accumulated effect of several marginal advantages — particularly with respect to the relative timing of discovery deadlines, transfer decisions, and claim construction — that make it predictably expensive for accused infringers to defend patent suits filed in East Texas. These findings tend to support ongoing efforts to pass patent reform legislation that would presumptively stay discovery …
Comparative Patent Quality, Colleen Chien
Comparative Patent Quality, Colleen Chien
Faculty Publications
One of the most urgent problems with the US patent system is that there are too many patents of poor quality. Most blame the US Patent and Trademark Office (USPTO) – its mistakes, overly generous grant rate, and lack of consistency. But, the quality and quantity of patents in force is the product of three sets of decisions: to submit an application of certain quality (by the applicant), to grant the patent (by the patent office), and to renew a patent and keep it in force (by the applicant/patentee). Startling, there is no consensus way to measure patent quality. This …
Recalibrarting Patent Venue, Colleen V. Chien, Michael Risch
Recalibrarting Patent Venue, Colleen V. Chien, Michael Risch
Faculty Publications
For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted to sue defendants only in the district they inhabit. In 1990, the Federal Circuit changed this by enlarging the scope of permissible venue to all districts with personal jurisdiction over the defendant. Since then, patentees have flocked to fewer districts, and in 2015, brought more than 40% of their cases in a single rural district with 1% of the US population, the Eastern District of Texas. Fueled in particular by concerns that non-practicing entities (NPEs), who bring the majority of cases in the Eastern …
Writing Tenure Review Letters, Eric Goldman
Writing Tenure Review Letters, Eric Goldman
Faculty Publications
Tenure review letters are a crucial part of the tenure process, but academic communities don’t often discuss how to write them. This essay offers my top 10 suggestions for how to conceptualize and write helpful tenure review letters.
"I'Ll See": How Surveillance Undermines Privacy By Eroding Trust, Robert H. Sloan, Richard Warner
"I'Ll See": How Surveillance Undermines Privacy By Eroding Trust, Robert H. Sloan, Richard Warner
Santa Clara High Technology Law Journal
"I'll See": How Surveillance Undermines Privacy By Eroding Trust
Can Digital Speech Loosen The Gordian Knot Of Reputation Law?, Elizabeth A. Kirley
Can Digital Speech Loosen The Gordian Knot Of Reputation Law?, Elizabeth A. Kirley
Santa Clara High Technology Law Journal
Can Digital Speech Loosen the Gordian Knot of Reputation Law?
After O2 Micro: The Court's Evolving Duty To Map Words To Things, Peter E. Gratzinger
After O2 Micro: The Court's Evolving Duty To Map Words To Things, Peter E. Gratzinger
Santa Clara High Technology Law Journal
After O2 Micro: The Court's Evolving Duty to Map Words to Things
Comment To The Sec In Support Of The Enhanced Disclosure Of Patent And Technology License Information, Colleen Chien, Jorge L. Contreras, Carol Corrado, Stuart Graham, Deepak Hegde, Arti K. Rai, Saurabh Vishnubhakat
Comment To The Sec In Support Of The Enhanced Disclosure Of Patent And Technology License Information, Colleen Chien, Jorge L. Contreras, Carol Corrado, Stuart Graham, Deepak Hegde, Arti K. Rai, Saurabh Vishnubhakat
Historical and Topical Legal Documents
Intangible assets like IP constitute a large share of the value of firms, and the US economy generally. Accurate information on the intellectual property (IP) holdings and transactions of publicly-traded firms facilitates price discovery in the market and reduces transaction costs. While public understanding of the innovation economy has been expanded by a large stream of empirical research using patent data, and more recently trademark information this research is only as good as the accuracy and completeness of the data it builds upon. In contrast with information about patents and trademarks, good information about IP licensing is much less publicly …
Randomly Distributed Trial Court Justice: A Case Study And Siren From The Consumer Bankruptcy World, Gary G. Neustadter
Randomly Distributed Trial Court Justice: A Case Study And Siren From The Consumer Bankruptcy World, Gary G. Neustadter
Faculty Publications
Between February 24, 2010 and April 23, 2012, Heritage Pacific Financial, L.L.C. (“Heritage”), a debt buyer, mass produced and filed 218 essentially identical adversary proceedings in California bankruptcy courts against makers of promissory notes who had filed Chapter 7 or Chapter 13 bankruptcy petitions. Each complaint alleged Heritage's acquisition of the notes in the secondary market and alleged the outstanding obligations on the notes to be nondischargeable under the Bankruptcy Code’s fraud exception to the bankruptcy discharge. The notes evidenced loans to California residents, made in 2005 and 2006, which helped finance the purchase, refinancing, or improvement of California residential …
Telling Refugee Stories: Trauma, Credibility And The Adversarial Adjudication Of Claims For Asylum, Stephen Paskey
Telling Refugee Stories: Trauma, Credibility And The Adversarial Adjudication Of Claims For Asylum, Stephen Paskey
Santa Clara Law Review
No abstract provided.
From Craigslist To Backpage.Com: Conspiracy As A Strategy To Prosecute Third-Party Websites For Sex Trafficking, Monica J. Delateur
From Craigslist To Backpage.Com: Conspiracy As A Strategy To Prosecute Third-Party Websites For Sex Trafficking, Monica J. Delateur
Santa Clara Law Review
No abstract provided.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine, Jr.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine, Jr.
Santa Clara Law Review
No abstract provided.
Shades Of Gray: Seeing The Full Spectrum Of Practical Data De-Identification, Jules Polonetsky, Omer Tene, Kelsey Finch
Shades Of Gray: Seeing The Full Spectrum Of Practical Data De-Identification, Jules Polonetsky, Omer Tene, Kelsey Finch
Santa Clara Law Review
No abstract provided.
The Misclassification Of Employees And California's Latest Confusion Regarding Who Is An Employee Or An Independent Contractor, Peter Tran
Santa Clara Law Review
No abstract provided.
The Scope Of The Eu's Investment Competence After Lisbon, Siegfried Fina, Gabriel M. Lentner
The Scope Of The Eu's Investment Competence After Lisbon, Siegfried Fina, Gabriel M. Lentner
Santa Clara Journal of International Law
No abstract provided.
Secession: The Contradicting Provisions Of The United Nations Charter - A Direct Threat To The Current World Order, N. Micheli Quadros M.P.A.
Secession: The Contradicting Provisions Of The United Nations Charter - A Direct Threat To The Current World Order, N. Micheli Quadros M.P.A.
Santa Clara Journal of International Law
No abstract provided.
The World's Laboratory: China's Patent Boom, It Standards And The Implications For The Global Knowledge Economy, Christopher Mcelwain
The World's Laboratory: China's Patent Boom, It Standards And The Implications For The Global Knowledge Economy, Christopher Mcelwain
Santa Clara Journal of International Law
No abstract provided.
The Need For Concentrated Jurisdiction In Handling Parental Child Abduction Cases In The United States, Keelikolani Lee Ho
The Need For Concentrated Jurisdiction In Handling Parental Child Abduction Cases In The United States, Keelikolani Lee Ho
Santa Clara Journal of International Law
No abstract provided.
Shaky Ground: How Wavering Approaches To Prostitution Law Have Undermined International Efforts To End It, Tamarah Provost
Shaky Ground: How Wavering Approaches To Prostitution Law Have Undermined International Efforts To End It, Tamarah Provost
Santa Clara Journal of International Law
No abstract provided.
Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer, Matthew Rimmer
Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer, Matthew Rimmer
Santa Clara Journal of International Law
No abstract provided.
The Litigation Tango Of La Casa Rosada And The Vultures: The Political Realities Of Sovereign Debt, Vulture Funds, And The Foreign Sovereign Immunities Act, Mallory Barr
Santa Clara Journal of International Law
No abstract provided.
Renewable Energy Development For Wto Member Nations, Rick A. Waltman Esq.
Renewable Energy Development For Wto Member Nations, Rick A. Waltman Esq.
Santa Clara Journal of International Law
No abstract provided.
Conditions In U.S. Treaty Practice: New Data And Insights On A Growing Phenomenon, Cindy Galway Buys
Conditions In U.S. Treaty Practice: New Data And Insights On A Growing Phenomenon, Cindy Galway Buys
Santa Clara Journal of International Law
No abstract provided.
Pay-For-Performance In Prison: Using Healthcare Economics To Improve Criminal Justice, W. David Ball
Pay-For-Performance In Prison: Using Healthcare Economics To Improve Criminal Justice, W. David Ball
Faculty Publications
For much of the last seventy-plus years, healthcare providers in the United States have been paid under the fee-for-service system, where providers are reimbursed for procedures performed, not outcomes obtained. Providers, insurers, and consumers are motivated by different individual and organizational incentives; costs and burdens of patient care are shifted from one part of the system to another. The result has been a system that combines exploding costs without concomitant increases in quality. Healthcare economists and policymakers have reacted by proposing a number of policies designed to reign in costs without sacrificing quality. One approach is to focus on the …