Brandeis's IP Federalism: Thoughts on Erie at Eighty
Justice Brandeis is, in intellectual property law’s precincts, most famous for his lone dissent in International News Service v. Associate Press, the misappropriation case one can find in virtually...
View ArticleJurisdiction Stripping Of The Federal Circuit?
This article examines how the Federal Circuit addresses state commercial and contract law in its patent law jurisprudence. Instead of deferring to state law, the court creates its own federal common...
View ArticleThe Erie/Sears/Compco Sqeeze: Erie's Effects on Unfair Competition and Trade...
On the occasion of the 80th anniversary of the Supreme Court's famous decision in Erie Railroad v. Tompkins, this article explores the consequences of that decision on the development of unfair...
View ArticleBeyond the Elements: Erie and the Standards for Preliminary and Permanent...
Federal courts frequently avoid deciding whether federal or state law governs the availability of injunctive relief for state-law claims by simply declaring that both sets of standards are the same....
View ArticleRemedies, Equity & Erie
This article addresses how a federal court sitting in diversity jurisdiction should approach remedies issues, particularly where the law-equity divide lingers. Treatment of remedies raises tricky...
View ArticleThe Ballad of Harry James Tompkins
On July 27, 1934, Harry James Tompkins lost his arm, supposedly when an unsecured refrigerator car door on a train operated by the Erie Railroad Company hit him in the head. Tompkins won a $30,000...
View ArticleConfusing the Similarity of Trademarks Law in Domain Name Disputes
This article anticipates doctrinal disorder in domain name disputes as a result of the new generic top-level domains (gTLDs). In the course of the intense and prolonged debate over the possibility of...
View ArticleBiotechnology Patent Law Top Ten of 2018 Broad Wins, Sovereignty Loses, and...
In this article, we discuss what we consider to be the ten important and influential biotechnology patent law judicial decisions of 2018. These hinged on a variety of patent doctrines. An abbreviated...
View ArticleA Global Perspective on Digital Sampling
The state of the law in the United States is complicated by the fact that the de minimis doctrine is, and has been a muddled doctrine. Copyright law and patent law allow future authors and inventors...
View ArticleA Masterclass in Trademark's Descriptive Fair Use Defense
When judges decide trademark cases, they often must balance trademark rights against interests in free expression. The defense known as “classic” or “descriptive” fair use embraces the foundational...
View ArticleVenue One Year After TC Heartland: An Early Empirical Assessment of the Major...
In its May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reined in the Federal Circuit’s permissive venue standard, which had fueled the rise of the Eastern...
View ArticleAI & IP Innovation & Creativity in an Age of Accelerated Change
From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of...
View ArticleBlunting the Later-Mover Advantage: Intellectual Property and Knowledge Transfer
The United States followed a path of initially giving little protection to intellectual property (IP) so that the country could benefit from the IP of nations we term earlier-movers on the world stage...
View ArticleIt's Time for an American (Data Protection) Revolution
The European Union’s General Data Protection Regulation is the most comprehensive, far-reaching, and forward-thinking piece of legislation to be passed in recent history. The GDPR will set the...
View ArticleImposing a Deadline on the IRS: Artificial Intelligence Tries to Beat...
Virtual currencies demanded serious attention in 2017 due to public interest, media attention, and investor appetite. With this increased attention on virtual currencies comes significant business,...
View ArticleNonprofit Governance: The Basics
Nonprofit organizations are prevalent in today’s economy, and many are governed by individuals who have been chosen on the basis of their advocacy of or contributions to various nonprofit causes...
View ArticleDevil Take The Hindmost: Reform Considerations for States with a...
There is no federal constitutional right to bail. This means the question of who is bailable in state court is left entirely to state law. Most original state constitutions guaranteed that “all...
View ArticleOn Individual Participation within Mass Litigation: The Case of the Fairness...
What can we learn from including class members’ voices in the process of approving settled class actions? How does the opportunity provided to class members to participate in a public hearing relate...
View ArticleLet's Be Honest About Law School Cheating: A Low-Tech Solution for a...
The savvy nature of academic cheating has outpaced educators racing to foil students’ high-tech high-jinx. Indeed, a culture of cheating in higher education has become pervasive, and even normalized....
View ArticlePrisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens...
To an outside observer, immigration courts may appear identical to criminal courts. However, there is one critical distinction. In criminal court, defendants have a well-established right to...
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