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Bridge Over Troubled Waters and Passageway on a Journey to Justice: National Lessons Learned About Justice from Louisiana\u27s Response to Hurricane Katrina
Get PDFTransborder Licensing: A New Frontier for Job Creation
Get PDFThis Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.
Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted in the United States and abroad, and discuss potential opportunities for U.S. job creation. Part IV will explore the complexity of navigating through the multitude of federal agencies that regulate exports, which often discourage U.S. businesses that want to export their technology but need assurances and advice on how to minimize unforeseen risks. The author next proposes creating a quasi-public Virtual Protocol that will allow inventors, authors, and registered and unregistered IP owners to identify prospective partners, track IP licensed abroad, and notify infringers of violations. This Virtual Protocol can be accessible to agencies such as the United States Patent and Trademark Office that grants IP protections; the United States Commerce Department that licenses exports; and the Justice Department and Federal Bureau of Investigation (FBI), which enforce IP protections. This Article concludes that the environment to foster transborder licensing has to be developed with active participation from academic and research institutions along with their students and alumni, and should integrate technology to achieve maximum benefits
What will Happen to Granny? Ageism in America: Allocation of Healthcare to the Elderly & Reform Through Alternative Avenues
Get PDFTeaching Interdisciplinary Collaboration: Theory, Practice, and Assessment
Get PDFIn this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection
View from the Trenches: The Struggle to Free William Richards
Get PDFThis article discusses the circumstantial evidence against a wrongly convicted man and the California Innocence Project\u27s efforts to seek his release
Is Ashcroft v. Iqbal the Death (Finally) of the “Historical Test” for Interpreting the Seventh Amendment?
Get PDFThere is the possibility that the recent Supreme Court decision of Ashcroft v. Iqbal finally will be the necessary impetus to revisit one of the more bizarre but enduring canards of American jurisprudence -- the way we interpret the Seventh Amendment\u27s preservation of a right to a jury trial in federal civil litigation. The Seventh Amendment provides that [i]n suits at common law ... the right of trial by jury shall be preserved. To this day, the way we apply the Seventh Amendment-in other words, what we interpret to be the constitutional intent and mandate of our Founders-is to postulate hypothetically that a contemporary federal civil case, filed in federal district court under current-day statutes and laws, instead had been filed in England in 1792, and to ask whether then it would have been filed in the common law courts or in the equity courts. Time and jurisprudential evolution have exposed this approach-known as the historical test -as flawed from the inception. Nonetheless, largely through judicial inertia, the historical test has survived. Indeed, in the roughly 200 years since the historical test emerged, no occasion has been sufficient to cause the courts to consider whether the test is jurisprudentially supportable. The historical test may well not survive Ashcroft v. Iqbal.
Part I traces the doctrinal path that leaves us today with the historical test. Part II very briefly reviews the constitutional impasse between the historical test and Iqbal. Part III presents the case for abandoning the historical test and proposes a new interpretive rule to replace it
Why Appellate Courts Have Rejected the Argument that the Defense of Marriage Act Trumps the Parental Kidnapping Prevention Act
Get PDFoai:scholarlycommons.law.cwsl.edu:fs-1000The author seeks to explain why courts should not be permitted to interpret the Defense of Marriage Act (DOMA) to displace judgment recognition based on a forum state\u27s public policy against legal relationships for same-sex couples. If courts interpret DOMA in this manner, nothing would prevent Congress from exempting other types of judgments from the protection of the Full Faith and Credit clause, thereby permitting relitigation of judgments that are now considered final and binding in every state