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Full-Text Articles in Law

The Federal Circuit As An Institution, Ryan G. Vacca Jan 2019

The Federal Circuit As An Institution, Ryan G. Vacca

Law Faculty Scholarship

The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.

This chapter begins with an overview of the concerns existing before creation of …


Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, Wojbor A. Woyczynski Jan 2016

Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, Wojbor A. Woyczynski

Faculty Publications

The legal community has long recognized that business corporations heavily favor Delaware as the state of incorporation. However, a recent study of merger agreements from 2002 by Eisenberg and Miller suggested that despite Delaware’s prominence as the place of incorporation, companies “flee” from Delaware with respect to both choice of law and forum, and instead prefer New York. We set out to study data from 343 merger and acquisitions contracted on between January 1, 2011 and June 30, 2011 in an attempt to verify this conjecture. Our study is important for two reasons. First, the 2011 data set show that …


The Indefinite Deflection Of Congressional Standing, Nat Stern Oct 2015

The Indefinite Deflection Of Congressional Standing, Nat Stern

Scholarly Publications

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. Leading scholars in the field of congressional standing immediately expressed doubt that courts would entertain a suit seeking to compel enforcement of these provisions. This Article argues that the premise that suits of this sort can be maintained rests on a tenuous understanding of the Supreme Court's fitful treatment of standing by Congress or its members to sue the Executive.

The Court has never issued …


The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel Jun 2015

The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel

Akron Law Review

Part II will sketch the facts of the case to prepare for an exploration of the roots of Shady Grove in Part III, which traces the evolution of the Court’s Erie jurisprudence. At various points along the way, I will stop to anticipate where one or more of the several opinions in Shady Grove will shed light, in Part IV, on the meaning of Shady Grove


Clear And Convincing Evidence Of Testamentary Intent: The Search For A Compromise Between Formality And Adjudicative Justice, Emily Sherwin Feb 2015

Clear And Convincing Evidence Of Testamentary Intent: The Search For A Compromise Between Formality And Adjudicative Justice, Emily Sherwin

Emily L Sherwin

No abstract provided.


Formalismo Y Colaboración En El Proceso Civil: Una Introducción Al Paradigma Del Formalismo-Valorativo, Renzo Cavani Feb 2011

Formalismo Y Colaboración En El Proceso Civil: Una Introducción Al Paradigma Del Formalismo-Valorativo, Renzo Cavani

Renzo Cavani

This article presents the main fundaments of "formalismo-valorativo", a new way to think about civil procedural law developed in the south of Brazil. Those fundaments are the concept of form and formalism; the civil procedure as a cultural phenomenon; the relationship between formalism and Constitutional State and the cooperation principle.

O presente artigo apresenta os principais fundamentos do formalismo-valorativo, uma nova forma de pensar o processo civil desenvolvida no sul do Brasil. Aqueles fundamentos são o conceito de forma e formalismo; o processo civil como fenômeno cultural; a relação entre formalismo e Estado Constitucional; e o princípio de cooperação.

El …


Hacia La Construcción De Una Teoría De La Ineficacia Procesal En El Proceso Civil Peruano, Renzo Cavani Jan 2010

Hacia La Construcción De Una Teoría De La Ineficacia Procesal En El Proceso Civil Peruano, Renzo Cavani

Renzo Cavani

This essay has the objective to build the dogmatic fundaments for a procedure inefficacy theory for the peruvian civil procedure.

O presente ensaio tem por objetivo a construção dos fundamentos dogmáticos para uma teoria da ineficácia processual para o processo civil peruano.

El presente ensayo tiene como objetivo la construcción de los fundamentos dogmáticos para una teoría de la ineficacia procesal para el proceso civil peruano.


Clear And Convincing Evidence Of Testamentary Intent: The Search For A Compromise Between Formality And Adjudicative Justice, Emily Sherwin Jan 2002

Clear And Convincing Evidence Of Testamentary Intent: The Search For A Compromise Between Formality And Adjudicative Justice, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom Mar 1993

Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom

Michigan Law Review

This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made at …


Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth Jan 1988

Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.