By Jaimeson Fedell. Full text here. This Note argues that the entire market value rule is an obsolete conception because it can award companies for value they did not create. Accordingly, the rule should be abandoned entirely and replaced with reasonable royalty calculations that focus on past licensing agreements if they are available.

By Inga Nelson. Full text here. There is currently a patchwork of laws governing same-sex relationships across the United States. Some states issue marriage licenses, while some states have civil unions, domestic partnerships, or other forms of legal recognition. When couples with alternate forms of legal recognition relocate from the issuing state their new state has…

By Morwenna Borden. Full text here. Claims of negligent misrepresentation and fraud by omission are generally held to be derivatives of fraud. The appropriate pleading standard for fraud is clearly governed by Federal Rule of Civil Procedure 9(b)—fraud claims must be alleged with particularity. However, the circuits are divided when it comes to the proper pleading…

By Ross Pearson. Full text here. Each year, immigrants arrive in the United States without knowing their exact age. When they arrive, United States Citizenship and Immigration Service (USCIS) provides each immigrant official documents that list personal information, including a birth date. When immigrants do not know their exact age, USCIS allows them to use an…

By Brandon Wheeler. Full text here. Before a victim of employment discrimination can pursue her claims in federal court, she must first exhaust her administrative remedies. This is done by filing a charge with the Equal Employment Opportunity Commission or an equivalent state agency. After reviewing and investigating the charge, the EEOC usually issues a “right-to-sue”…

By Matthew Norris. Full text here. The United States International Trade Commission was created to protect domestic industry and American workers from illegal foreign trade practices. Increasingly, domestic companies have turned to the ITC seeking relief for the infringement of standard-essential patents (SEPs) by other domestic companies. In exchange for having their patented technologies adopted as…

By Allison M. Whelan. Full text here. Ninety-eight percent of infants born in the United States undergo blood tests to screen for a variety of genetic conditions as part of mandatory state newborn screening programs. These “newborn blood spots” (NBS) are frequently stored by state health departments after the initial tests are complete. Recent lawsuits in…

By Rachel A. Kitze. Full text here. Technological improvements to a drilling technique known as hydraulic fracturing have opened up access to a century’s supply of natural gas across the United States. The cities and towns that sit above these vast deposits, however, are increasingly concerned about the transformative effect of the fracking industry on their…

By Edwin W. Stockmeyer. Full text here. One consequence of the Supreme Court’s landmark decisions in Twombly and Iqbal is the reassessment of pleading standards occurring in state appellate courts. Most of these courts have rejected the new plausibility standard in favor of rules designed to allow more claims to proceed to discovery. Thus, although pleading…

By Talon Powers. Full text here. After the Supreme Court’s decision in American Needle, Inc. v. National Football League in 2010, the National Football League’s (NFL) ability to license league intellectual property as a collective whole has been called into question. If the caselaw that emerges from American Needle completely precludes the League from being treated…