Patent Nonuse and Technology Suppression: The Use of Compulsory Licensing to Promote Progress
The U.S. Supreme Court has consistently and adamantly held that patents do not require patentees to use or commercialize their… Continue reading →
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The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
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Putting Plea Bargaining on the Record
More than a decade ago, Rolando Stockton rejected a plea bargain that came with a ten-year prison sentence, opting instead… Continue reading →
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Twenty Years of Shareholder Proposals After Cracker Barrel: An Effective Tool for Implementing LGBT Employment Protections
“This employee is being terminated due to violation of company policy. The employee is gay.” This was the reason Cracker… Continue reading →
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The Applicability of State Appeal Bond Caps in Suits Brought in Federal Courts Pursuant to Diversity Jurisdiction
Since 2000, forty-one states have passed appeal bond reform statutes, a tort reform measure that, in some shape or form,… Continue reading →
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All Alone in Arbitration: AT&T Mobility v. Concepcion and the Substantive Impact of Class Action Waivers
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility LLC v. Concepcion, one of the most… Continue reading →
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Chevron Corp. v. Berlinger and the Future of the Journalists’ Privilege for Documentary Filmmakers
The documentary film Crude, directed by award-winning filmmaker Joseph Berlinger, tells the story of a class action lawsuit brought by… Continue reading →
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Allocating the Costs of Harm to Whom They Are Due: Modifying the Collateral Source Rule after Health Care Reform
For decades, the collateral source rule has been a target of tort reform on both state and national levels.1 The… Continue reading →
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To Copy or Not to Copy, That Is the Question: The Game Theory Approach to Protecting Fashion Designs
Fashion designers in the United States, unlike those in many for- eign jurisdictions, enjoy only limited intellectual property protection for… Continue reading →
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Scaling the Wall and Running the Mile: The Role of Physical-Selection Procedures in the Disparate Impact Narrative
Since the Supreme Court’s landmark decision in Dothard v. Rawlinson in 1977, gender-based disparate impact litigation has been limited in… Continue reading →