Note: Evaluating the Integraty of Biotechnology Research Tools: Merck v. Integra and the Scope of 35 U.S.C. § 271(e)(1)
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…
Continue ReadingPermissive Rules of Professional Conduct
By Bruce A. Green & Fred C. Zacharias. Full text here. In the wake of Enron’s collapse and other corporate scandals, the Securities and Exchange Commission considered adopting a regulation requiring lawyers in certain circumstances to publicly report corporate misconduct. The American Bar Association countered by expanding model disciplinary rules that allow, but do not require,…
Continue ReadingLecture: The Future of the Legal Profession
By Robert A. Stein. Full text here.
Continue ReadingReview Essay: The Limits of Their World
By Robert Hockett. Full text here.
Continue ReadingNote: From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims
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…
Continue ReadingNote: Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC
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.…
Continue ReadingAn Embedded Options Theory of Indefinite Contracts
By George S. Geis. Full text here. Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article develops an embedded options theory of indefinite contracts, focusing on the proper scope of the indefiniteness doctrine—a core principle of contract law invalidating contracts that are too…
Continue ReadingA Theory of Copyright's Derivative Right and Related Doctrines
By Michael Abramowicz. Full text here. Although many copyrighted works are close substitutes for other copyrighted works, there would be many more close substitutes of certain works in the absence of the derivative right, the exclusive right to create adaptations of a copyrighted work. Yet even the derivative right’s defenders identify the suppression of new expression…
Continue ReadingCongress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction
By Neal Devins. Full text here. By turning a statute limiting court jurisdiction into a delegation of power by Congress to the Supreme Court, the Hamdan v. Rumsfeld opinion is a political masterstroke. This Essay explains why “the least dangerous branch” felt empowered to ignore congressional limits on its authority, repudiate presidentially created military tribunals, and…
Continue ReadingThe Preventive Paradigm and the Perils of Ad Hoc Balancing
By Jules Lobel. Full text here.
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