Search
Now showing items 501-508 of 508
Improper Appropriation
(Lewis & Clark Law Review, 2019)
The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
James D. Cox: The Shareholders' Best Advocate
(Duke Law Journal, 2016)
This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke ...
Environmental Protection Requires More than Social Resilience
(The Regulatory Review, 2018-10-01)
Achieving the green economy requires taking into account divisive politics and distributive justice.
Revolving Elites: The Unexplored Risk of Capturing the SEC
(Georgetown Law Journal, 2019)
Fears have abounded for years that the sweet spot for capture of regulatory agencies is the “revolving door” whereby civil servants migrate from their roles as regulators to private industry. Recent scholarship on this ...
Prospective Grandfathering
(2018)
Legal change has the potential to disrupt settled expectations and property rights. The Takings Clause provides protection from the most significant costs by requiring compensation following a change in the law, but threats ...
Intellectual Property: A Beacon for Reform of Investor-State Dispute Settlement
(Michigan Journal of International Law, 2019)
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
Slipping Away from Justice: the Effect of Attorney Skill on Trial Outcomes
(Vanderbilt Law Review, 2010)
Just how important is a good attorney? Can a skillful attorney actually change the verdict? More importantly, in criminal trials, can a good defense attorney let guilty people go free, or can a good prosecutor send innocent ...
Symposium: The Disclosure Function of the Patent System
(Vanderbilt Law Review, 2016)
Achieving a robust disclosure from patent applicants is no easy task because it brings to the fore competing goals of the patent system. For example, the law must strike a balance between its interest in early disclosure ...