Law Commons^™

Preventing Inequity: Extending Issue Preclusion To Claim Construction During Reexamination Of Previously Litigated Patents, Lauren Drake

Loyola of Los Angeles Law Review

This Note explores the uncertainty and inequity created through the dichotomy approach to claim interpretation in the context of reexamination of previously litigated patents. To address this uncertainty and inequity, this Note argues that the claim interpretation determined in a Markman hearing should be binding on the U.S. Patent & Trademark Office (PTO) during reexamination of a previously litigated patent as a form of issue preclusion. To accomplish this result, this Note proposes three changes to current patent practice: first, the definition of “party” must be expanded to include the PTO; second, the PTO must abandon the broadest reasonable interpretation …

The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems

South Carolina Journal of International Law and Business

No abstract provided.

Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans, Robert T. Greenbaum, Daniele Bondonio

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

A "Constant And Difficult Task": Making Local Land Use Decisions In States With A Constitutional Right To A Healthful Environment, Michelle Bryan Mudd

Faculty Law Review Articles

This article first examines the role local governments play in four states that have constitutional rights to a healthful environment -- Illinois, Pennsylvania, Montana, and Hawaii. The author notes that while local governments have long worked as quiet yet integral third partners with state and federal governments by addressing environmental issues through land use regulation, for local governments in environmental rights states, environmental protection is not just an aspiration, but a constitutional mandate. Further, the author states, environmental rights cannot be fully protected in these states without the strong engagement of local government.

The article also describes the constitutional provisions …

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement (Acta), Margot E. Kaminski

Joint PIJIP/TLS Research Paper Series

The Anti-Counterfeiting Trade Agreement (ACTA), a plurilateral intellectual property agreement developed outside of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), represents an attempt to introduce maximalist intellectual property standards in the international sphere, outside of existing institutional checks and balances. ACTA is primarily a copyright treaty, masquerading as a treaty that addresses dangerous medicines and defective imports. The latest ACTA draft, which is the final text available to the public before the signed text is released, contains significant shifts away from earlier draft language towards more moderate language, although it poses the same institutional problems …

2011 Cardozo Life (Issue 2), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

The Innocence Project at 20, page 4

Are You a Gladiator or a Peacemaker?, page 8

Top News & Events, Class Notes, page 12

News from Programs, Centers & Journals, page 16

Faculty Briefs, page 23

And… Action! The Indie Film Clinic’s First Scene, page 26

Immigration Justice: From Both Sides, page 28

Filling the Justice Gap, page 30

Alumni News & Advancement, page 34

Endnote, page 42

Looking Back, page 44

The World Of Deadwood: Property Rights And The Search For Human Identity, Michael B. Kent Jr.

Scholarly Works

The year is 1876. Gold has been discovered in the fledgling camp of Deadwood, bringing hordes of new arrivals each day seeking to strike it rich. The allure of wealth is coupled with the allure of complete autonomy. There is no law. Although part of the United States, Deadwood is unaffiliated with any existing territorial government. It is free. Or is it? From this backdrop, HBO’s highly-acclaimed drama Deadwood springs forth. Series creator David Milch is frank about his mission behind the story: to explore how order arises from chaos. The assignment and protection of property rights play central roles …

The Executive’S Authority Over Enemy Combatants: Due Process And Its Limits., Barry Sullivan

Faculty Publications & Other Works

No abstract provided.

Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough., Samuel Brunson

Faculty Publications & Other Works

No abstract provided.

Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

Statutes of limitations, a long-standing bulwark of civil litigation, mitigate the risk that evidence of meritorious claims will become stale and relieve defendants who might be exposed to claims from unending uncertainty about whether claims will be brought. But these twin rationales are balanced against allowing plaintiffs sufficient time to discover and file meritorious claims. This balance is manifest in the judicial and congressional effort to fashion a statute of limitations for securities fraud claims. The Supreme Court in Merck & Co. v. Reynolds recently attempted to strike that balance in its interpretation of the statute of limitations for securities …

Reigning In Charities: Using An Intermediate Penalty To Enforce The Campaigning Prohibition., Samuel Brunson

Faculty Publications & Other Works

No abstract provided.

Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook

Faculty Publications & Other Works

No abstract provided.

When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall

Faculty Publications & Other Works

No abstract provided.

Dodd-Frank As Maginot Line., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

The Road Not Taken: Catholic Legal Education At The Middle Of The Twentieth Century., John M. Breen

Faculty Publications & Other Works

No abstract provided.

Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.

The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

The Pre-History Of Fair Use., Matthew Sag

Faculty Publications & Other Works

No abstract provided.

Corporate Governance And Competition Policy., Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen

Faculty Publications & Other Works

No abstract provided.

The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010., Neil G. Williams

Faculty Publications & Other Works

No abstract provided.

Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty

Faculty Publications & Other Works

No abstract provided.

Failing Failed States: A Response To John Yoo, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.

Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum

Faculty Publications & Other Works

No abstract provided.

Targeted Killing: The Case Of Anwar Al-Aulaqi, John C. Dehn, Kevin Jon Heller

Faculty Publications & Other Works

No abstract provided.

The Commander-In-Chief And The Necessities Of War: A Conceptual Framework, John C. Dehn

Faculty Publications & Other Works

No abstract provided.