By Michael R. Mischnick. Full text here. Patents are critical in the biotechnology and pharmaceutical sectors. However, patents have inhibited competition in certain instances. For example, until the 1980s, pioneer drug companies benefited from a de facto “patent term windfall” because generic manufacturers could not begin the regulatory approval process of their generics until after…

By Anne C. Johnson. Full text here. Domestic violence remains one of society’s most pervasive and complicated problems. Among the complexities lies a victim’s difficult decision to leave an abuser. In an overwhelming majority of states, domestic violence victims also face the financial burden of terminating their residential leases when deciding to flee abuse. Such monetary…

By Lisa M. Benrud-Larson. Full text here. Congress enacted the Americans with Disabilities Act (ADA) with the goal of providing clear and consistent standards for eliminating discrimination against persons with disabilities. To be disabled within the meaning of the ADA, a person must have a physical or mental impairment that substantially limits a major life activity.…

By Jason A. Adkins. Full text here. Long-standing constitutional precedents can be overturned when the original holdings have become “unworkable.” This principle, first articulated in Planned Parenthood of Southeastern Pennsylvania v. Casey and repeated by now-Chief Justice Roberts in his confirmation hearings, provides a creative means for overturning the most controversial precedent of all: Roe…

By Megan A. Healy. Full text here. The War on Terror has presented numerous questions never before examined in our constitutional jurisprudence. The challenges imposed on our legal system since 9/11 compel the judiciary to protect constitutional rights in the most difficult of circumstances. One of these challenges requires our civilian criminal justice system to reconcile…

By Kevin M. O’Riordan. Full text here. This Note takes the position that emerging collective scienter theory may bar courts from attributing liability for securities fraud under SEC Rule 10b-5 directly to a corporation. Recent developments under the Private Securities Litigation Reform Act (PSLRA) seek to strengthen pleading standards in securities litigation by requiring that a…

By Anna Hickman. Full text here. Unassisted childbirth, also known as “freebirthing”—in which a woman intentionally gives birth without the aid of a physician or midwife—is gaining increased media attention in the United States and abroad. Proponents of the practice boast of its beauty, safety, and legality. Yet, the legal framework of unassisted childbirth is unclear.…

By Kyle W. Brenton. Full text here. As more and more public school students express themselves via e-mail, instant messages, and online communities such as MySpace and Facebook, more and more school administrators reach beyond the schoolhouse gates to censor and punish that online expression. While First Amendment jurisprudence provides a framework for determining when a…

By Noreen E. Johnson. Full text here. The public response to the now notorious 2005 Supreme Court decision Kelo v. City of New London changed the landscape of redevelopment law in the United States. In Kelo, the Court held that eminent domain could be used to transfer property from one private party to another private party…

By Jeffrey P. Justman. Full text here. The Federal Rules of Civil Procedure have not kept pace with the ways in which some lawyers are representing low-income litigants. For example, in its current form, Rule 11 only recognizes traditional “full scope” representation and purely pro se representation, without addressing the ever-increasing possibility that lawyers may represent…