The Death Of Inference,
2014
Case Western University School of Law
The Death Of Inference, Andrew S. Pollis
Faculty Publications
This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prerogative to draw inferences from circumstantial evidence. Judges have arrogated to themselves the power to dismiss cases if they find the proffered inferenc
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations,
2014
University of Maryland Francis King Carey School of Law
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
A Case Study Of Patent Litigation Transparency,
2014
University of Denver
A Case Study Of Patent Litigation Transparency, Bernard Chao, Derigan Silver
Sturm College of Law: Faculty Scholarship
By focusing on a single high profile patent case, Monsanto v. DuPont, this article explores the problem of transparency in patent litigation from two perspectives. First, this article provides metrics for understanding the nature and quantity of documents that were filed under seal in the Monsanto case. Second, this article scrutinizes particular aspects of the case to provide a more nuanced understanding of what the public cannot see. Although primarily descriptive, this article critically analyzes the sealing of so many documents by questioning the level of judicial oversight applied in decisions to seal court filings. It then goes on to …
E-Discovery: Reasonable Search, Proportionality, Cooperation, And Advancing Technology, 30 J. Marshall J. Info. Tech. & Privacy L. 433 (2014),
2014
UIC School of Law
E-Discovery: Reasonable Search, Proportionality, Cooperation, And Advancing Technology, 30 J. Marshall J. Info. Tech. & Privacy L. 433 (2014), Steven Bennett
UIC John Marshall Journal of Information Technology & Privacy Law
Rule 26(g)(1)(A) of the Federal Rules of Civil Procedure (the “Federal Rules”) requires that an attorney responding to a discovery request verify by signature, after “reasonable inquiry,” that the disclosure is, to the best of the attorney’s knowledge, “complete and correct.” In a digital environment, with masses of data in multiple formats and locations, the determination of whether a “reasonable” effort to meet the completeness requirement has occurred may turn on an assessment of the practices used to conduct a search of electronic materials. Those practices, in turn, must be judged on a standard of “proportionality” (i.e., that the effort …
Shutting Down The Ex Parte Party: How To Keep Bittorrent Copyright Trolls From Abusing The Federal Court’S Discovery System, 31 J. Marshall J. Info. Tech. & Privacy L. 105 (2014),
2014
UIC School of Law
Shutting Down The Ex Parte Party: How To Keep Bittorrent Copyright Trolls From Abusing The Federal Court’S Discovery System, 31 J. Marshall J. Info. Tech. & Privacy L. 105 (2014), Jennifer L. Hunter
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Death Knell Of Issue Certification And Why That Matters After Wal-Mart V. Dukes,
2014
St. Thomas University College of Law
The Death Knell Of Issue Certification And Why That Matters After Wal-Mart V. Dukes, Andrey Spektor
St. Thomas Law Review
This article begins by examining the effect of Dukes, detailing in Section I how the Court's pronouncement has been felt most acutely by class plaintiffs seeking to certify Rule 23(b)(3) classes. Section II explains why that is significant in light of the Court's most recent cases and orders. It profiles Comcast's unusual trip through the appellate process and offers two competing interpretations of the Court's opinion around which distinct camps at the lower court level have already coalesced. Neither camp, however, the Section argues, understands the disagreement between the majority and dissenting views in Comcast or the Court's other 2013 …
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't,
2014
A2L Consulting
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
Criminal Law Practitioner
No abstract provided.
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform,
2014
University of Washington School of Law
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote
Chapters in Books
Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …
Against Settlement Of (Some) Patent Cases,
2014
The Catholic University of America, Columbus School of Law
Against Settlement Of (Some) Patent Cases, Megan M. La Belle
Scholarly Articles
For decades now, there has been a pronounced trend away from adjudication and toward settlement in civil litigation. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced due to power and resource imbalances between the parties. Other critics have questioned the role that courts play (or ought to play) in settlement proceedings, and have argued that the secondary effects of settlement – especially the lack of decisional law – are damaging to our judicial system. Still, …
The Individual Mandate - A Tax In Penal Clothing - Ought The Judges To Close Their Eyes On The Constitution, And Only See The Law,
2014
Suffolk University Law School
The Individual Mandate - A Tax In Penal Clothing - Ought The Judges To Close Their Eyes On The Constitution, And Only See The Law, Luke J. Rosseel
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Circumstantial Defense: Determining The Applicability Of The Good Faith Defense For Campus Security In Sec. 1983 Cases,
2014
Suffolk University Law School
A Circumstantial Defense: Determining The Applicability Of The Good Faith Defense For Campus Security In Sec. 1983 Cases, Lacey Perkins
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - Voir Dire And Dishonesty - When A Verdict Should Be Set Aside Because Of Juror Dishonesty At Voir Dire - Sampson V. United States,
2014
Suffolk University Law School
Criminal Law - Voir Dire And Dishonesty - When A Verdict Should Be Set Aside Because Of Juror Dishonesty At Voir Dire - Sampson V. United States, Brian P. Kelley
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial,
2014
Barry University
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Simulating The Litigation Experience: How Mentoring Law Students In Local Cases Can Enrich Training For The Twenty-First Century Lawyer,
2014
University of Baltimore School of Law
Simulating The Litigation Experience: How Mentoring Law Students In Local Cases Can Enrich Training For The Twenty-First Century Lawyer, José F. Anderson
All Faculty Scholarship
No abstract provided.
Holding Up And Holding Out,
2014
Santa Clara University
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited,
2014
University of Michigan Law School
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited, Michael El-Zein
Michigan Journal of Gender & Law
The Supreme Court’s recent Confrontation Clause decisions have had a dramatic effect on domestic violence prosecution throughout the United States, sparking debate about possible solutions to an increasingly difficult trial process for prosecutors and the survivors they represent. In this Note, I revisit and reinterpret the suggestion by Professor Sherman J. Clark in his article, An Accuser-Obligation Approach to the Confrontation Clause,1 that we should view the Confrontation Clause primarily as an obligation of the accuser rather than a right of the accused. Specifically, I reevaluate Clark’s proposition using a gendered lens, ultimately suggesting a novel solution to the problem …
Threats And Bullying By Prosecutors,
2014
Professor of Law, Pace University
Threats And Bullying By Prosecutors, Bennett L. Gershman
Loyola University Chicago Law Journal
No abstract provided.
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B),
2014
University of Kentucky
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B), Stephen F. Soltis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Parallel Justice: Creating Causes Of Action For Mandatory Mediation,
2014
Hamline University School of Law
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
University of Michigan Journal of Law Reform
The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy,
2014
Brooklyn Law School
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Faculty Scholarship
No abstract provided.
