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Volume 105 - Issue 2

The Critical Need for State Regulation of Assisted Living Facilities: Defining “Critical Incidents,” Implementing Staff Training, and Requiring Disclosure of Facility Data

By Lexi Pitz. Full Text.  Assisted living facilities are wildly popular among elderly Americans. This trend is expected to persist due to increasing life expectancy, an aging baby boomer population, and the growing preference for assisted living facilities over nursing homes. Despite their growing popularity, the assisted living industry remains alarmingly underregulated at both the…

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Standing Up to Bad Patents: Allowing Non-Infringing Direct Competitors to Satisfy the Article III Standing Requirements Appealing an Adverse Inter Partes Review Decision to the Federal Circuit

By Ryan Fitzgerald. Full Text.  In 2011, through the America Invents Act, Congress created a new administrative procedure, inter partes review (IPR), to allow third parties to challenge issued patents before the Patent Trial and Appeal Board (PTAB). It did so in recognition “that questionable patents [were] too easily obtained and [were] too difficult to…

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Evidentiary Irony and the Incomplete Rule of Completeness: A Proposal to Amend Federal Rule of Evidence 106

By Daniel J. Capra and Liesa L. Richter. Full Text.  In recent years, there have been many calls and suggestions for a more equitable criminal justice system. Although sometimes overlooked in that dialogue, the fair operation of the Federal Rules of Evidence is a crucial component in ensuring such an equitable system. Unfortunately, the interpretation…

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The New Law of Gender Nonconformity

By Naomi Schoenbaum. Full Text. A central tenet of sex discrimination law is the protection of gender nonconformity: unless a feature of biological sex requires it, regulated entities may not expect that individuals will conform their gender performance to the stereotypes of their sex. This doctrine is critical to promoting the anti-stereotyping aims of sex…

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Rethinking the Conflicts Revolution in Personal Jurisdiction

By Jesse M. Cross. Full Text. It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts…

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The Arbitration Rules: Procedural Rulemaking by Arbitration Providers

By David Horton. Full Text. The field of civil procedure revolves around the Federal Rules. However, there is an alternative procedural universe. The Supreme Court’s relentless expansion of the Federal Arbitration Act funnels tens of thousands of disputes every year to arbitration administrators such as the American Arbitration Association and JAMS. These entities have created…

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Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants

By Jay P. Kesan and Runhua Wang. Full Text. The U.S. Supreme Court’s decision regarding patent-eligible subject matter in Alice Corp. v. CLS Bank has been in effect for more than five years, and it has made a significant impact on inventions involving software, information technology, and the life sciences. There is significant scholarly debate…

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