Law Commons^™

The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy

Faculty Scholarship

A fundamental criterion of patentability is that an invention must be new as compared to the prior art—the corpus of preexisting knowledge and technology already available to the public. If an invention is in the prior art, or rendered obvious by it, it cannot be patented.

The U.S. Patent Act has traditionally envisioned a categorical approach for deciding what counts as prior art. Under this approach, courts are supposed to decide whether a particular disclosure about the invention (a reference) falls within one of the categories listed in Section 102 of the Patent Act, such as “described in a printed …

Tribute To Professor Doug Rendleman, Katy Barnett, Alison Bell, Jeff Berryman, Neil Birkhoff, Daniel Friedmann, Thomas P. Gallanis, Claire Hagan Eller, Brandon Hasbrouck, Corey Hauser, Brant Hellwig, Margaret Howard, Alexandra L. Klein, Douglas Laycock, Benjamin V. Madison, Iii, Judith L. Madison, Kyle Mcnew, Linda Mullenix, Rami Rashmawi, Caprice Roberts, Victoria Shannon Sahani, Joan Shaughnessy, Barry Sullivan, Martha Vazquez, Edilson Vitorelli

Washington and Lee Law Review

A tribute to Professor Doug Rendleman, who served on the faculty of the Washington and Lee University School of Law from 1988 to 2020. Rendleman became Professor of Law, Emeritus in 2020.

Meaningless Guarantees: Comment On Mitchell E. Mccloy’S “Blind Justice: Virginia’S Jury Sentencing Scheme And Impermissible Burdens On A Defendant’S Right To A Jury Trial”, Alexandra L. Klein

Washington and Lee Law Review

Despite the important role that jurors play in the American criminal justice system, jurors are often deprived of critical information that might help them make sense of the law their oaths require them to follow. Such information with regard to sentencing might include the unavailability of parole, geriatric release, sentencing guidelines, or other information that is relevant to determining a defendant’s penalty. Withholding information from juries, particularly in sentencing, risks unjust and inequitable sentences. Keeping jurors in the dark perpetuates injustices and undermines public confidence and trust in the justice system.

Mitch McCloy’s excellent Note provides a compelling illustration of …

The Trial Of John Scopes, Jonathan Van Patten

Faculty Publications

The trial of John Scopes is an important landmark in legal history. What happened in Dayton, Tennessee, in 1925, may have been overtaken, however, by the lore springing up in its aftermath. This article places the trial in context and re-examines the proceedings, and the lawyers, in order to understand what the trial means for us today.

Tribute To John Hagemann (In The Trial Of John Scopes), Jonathan Van Patten

Faculty Publications

No abstract provided.

Masthead, Volume 31 (2021)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Reliability Check On Expert Witness Testimony In Medical Malpractice Litigation: Mandatory Medical Simulation, Julie L. Campbell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Over The Top: Judges, Lawyers, And Covid-19 Rhetoric, Jonathan L. Entin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Artificial Intelligence And Liability In Health Care, Frank Griffin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Would We Be Right To Try “Right To Try”?, José Miola, Bernadette J. Richards

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Mccarran-Ferguson Is Protecting The Wrong Health Care Entities, R. Chad Nelson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prenatal Tort Slippage, Mark Strasser

Health Matrix: The Journal of Law-Medicine

No abstract provided.

State Implementation Of Federal Environmental Laws, Doug Farquhar, Jessika M. Douglas, Brian A. Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

What The Trump Administration Taught Us About The Vulnerabilities Of Epa’S Science-Based Regulatory Processes: Changing The Consensus Processes Of Science Into The Confrontational Processes Of Law, Bernard D. Goldstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Proactive Remedies To Prevent Permanent Solutions: Enacting Narrowly Crafted Legislative Reform To Reduce Jail Suicides, Kathryn E. Meloni

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ain’T No Laws When You’Re Producing Claws: How Inadequate Labeling Of Alcoholic Beverages Puts Consumers With Allergies At Risk, Audrey Quinn

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Plea Bargaining: A Test Of Dual Discounting Preferences For Non-Monetary Losses, Lauren E. Clatch

Law Faculty Publications

Judgment and decision-making research on discounting suggests that when humans are thinking about gains, they tend to prefer certain and immediate outcomes to uncertain and delayed outcomes. However, discounting has been studied primarily using monetary commodities and, until recently, by testing one feature of the binary forced-choice task at a time: delay, probability, or amount of money received/lost. The present research is the first test of a dual discounting task that combines probability and delay into a single, binary forced-choice task in a non-monetary loss context. The key findings, based on three studies, suggest that delay and probability discounting play …

Strictly Speaking, What Needs To Change? A Review Of How Statutory Changes Could Bring Strict Products Liability To Virginia, Ryan C. Fowle

Law Student Publications

Virginia remains one of five states that refuse to adopt strict products liability. To date, the Supreme Court of Virginia has declined to follow the path Justice Traynor set out nearly a century ago, as its recent decisions confirm its resistance to strict liability. However, given the change in control of the General Assembly following the elections of 2017 and 2019, the General Assembly is in new hands and may remain that way for some time. This new legislative majority, among its plans for new policies, may soon consider establishing strict products liability by statute. In doing so, Virginia would …

Keeping People In Their Homes: How A Reduction In Property Tax Burden Can Retain Homeownership For Low-Income Communities, Andy O'Connell, Daniel Lange

Law Student Publications

This article seeks to educate policymakers and advocates on the benefits of a reduction in real property tax burdens. In Virginia, there is a dangerous combination of high real property taxes and low income that can lead homeowners to become delinquent on their property taxes. Ultimately, this can lead to taxpayers' homes being foreclosed upon. The best solution for Virginia is the Circuit Breaker tax credit, a program enacted by many other states that allows for a maximum property tax burden for families based on their income and amount of assets. This program is pinpointed to only helping those who …

Legal Translation In A Political Context: The Trick Of Choosing Between Alternatives In Translating Electoral Terms, Zakia Deeb

Abdou Filali-Ansary Occasional Paper Series

Legal electoral terminology is a specialist subject within the broader legal language discourse. When translating into Arabic, even basic electoral terms can be translated differently in different Arab countries for various reasons due to different sources of inspiration. Most legal electoral terms have a variety of alternative equivalents within the relevant linguistic field or semi-legal domain. This paper discusses such alternatives while presenting problems related to the existing resources in the field. Data collected from the 2012 election of members of the Libyan General National Congress are analysed to test the consistency in selecting from these alternatives. Furthermore, material presented …

What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn

Catholic University Journal of Law and Technology

Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.

Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability …

Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings, Marisa Forthun

Washington Law Review Online

State agencies initiate dependency proceedings when a child is alleged, often due to parental neglect or abuse, to be a dependent of the state. The state must intervene “[w]hen parents do not comply with [Child Protective Services] requirements, or when the state believes the child is at too great a risk to remain at home even if parents were to comply with services.” Dependency proceedings usually take place in juvenile courts and involve the local state agency, the parents, and the child. After the government files a petition alleging circumstances of neglect or abuse, “[t]he court issues temporary orders regarding …

A Philosophical Inquiry Into The Concept Of Territorial Sovereignty: A New Analytical Framework Of The Territorial Disputes In The China Seas, Henan Hu

Cardozo International & Comparative Law Review

Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial sovereignty within territorial disputes by engaging in a philosophical inquiry to examine if the concept could be more fully understood and to ask to what extent do historical claims relate to the concept of territorial sovereignty and international law. This article argues that a definite answer to these …

Masthead - Cardozo International & Comparative Law Review, Vol. 5 (2021-22)

Cardozo International & Comparative Law Review

No abstract provided.

2020 International Advocate For Peace Award, Melanie Leslie, Lela P. Love, Zachary Kriesberg, Prabha Sankaranarayan, Ken Cloke, Dave Joseph, Gwendolyn Meyers, Mary Montague, Shadia Marhaban

Cardozo Journal of Conflict Resolution

On September 23, 2020, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to Mediators Beyond Borders International. What follows is a transcript of the event.

Oklahoma Practice Materials: A Selective Annotated Bibliography, Darla W. Jackson

Faculty Books and Book Chapters

No abstract provided.

The Meaningless Factual Basis Inquiry Of Rule 11(B)(3), Hayley Stillwell

Faculty Articles

The near extinction of the federal criminal trial necessarily means a near extinction of numerous constitutional rights when someone is charged with committing a crime. The limited constitutional protections embedded in a change of plea hearing, then, are exceptionally important to ensure the criminal justice system convicts only the guilty. The factual basis inquiry, which ensures a conviction is not obtained in violation of due process, therefore must be meaningfully enforced to protect the criminal defendant from being convicted of a crime he does not know he did not commit. Specifically, when an element of the crime charged is the …

The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson

Faculty Articles

Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly, the disappearance of traditional criminal trials is not just a problem for individual defendants. It is a problem for all of us. In this Article, we propose a novel mechanism to (partly) restore the criminal jury to its rightful pride of place—a trial lottery. In short, a small …

Is This A Christian Nation? An Introduction, Carl T. Bogus

Roger Williams University Law Review

No abstract provided.

A Tribute To Dean Michael Yelnosky, Judge William E. Smith

Roger Williams University Law Review

No abstract provided.