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TC Heartland: It’s Time to Take Stock
Get PDFIt has been a little over a year and a half since the Supreme Court issued its groundbreaking venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, shaking up the status quo in U.S. patent infringement litigation. The first months after TC Heartland saw a flurry of activity as litigants and courts wrestled with the impact of the decision on pending cases, pondered the true meaning of a “regular and established place of business,” and explored many other questions left by the TC Heartland decision. Eighteen months and several writs of mandamus later, it is now a good time to take stock of the newly emerging status quo in patent venue. This article does just that
Who is to Judge?: Charles Gardner Geyh
No full textAn elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times. Engages the popular debate on judge selection but argues that both sides are wrong, in pursuit of a moderated position between the poles Brings history, political science, psychological science, and law to bear in an interdisciplinary analysis of the issues Presents these ideas in a smart yet informal writing style that will be accessible for students and general readershttps://www.repository.law.indiana.edu/facbooks/1204/thumbnail.jp
The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation
Get PDFThe 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax code and allow well-advised taxpayers to game the new rules through strategic planning. These gaming opportunities are likely to worsen the bill’s distributional and budgetary costs beyond those expected in the official estimates. Other changes will encounter legal roadblocks, while drafting glitches could lead to uncertainty and haphazard increases or decreases in taxes. This Article also describes reform options for policymakers who will inevitably be tasked with enacting further changes to the tax law in order to undo the legislation’s harmful effects on the fiscal system
Evaluating a Unified Intellectual Property System of Internet Service Providers in the Electronic Commerce Law -- A Comparative Research Between China and the U.S.
Get PDFAs the Electronic Commerce Law went into effective in Jan. 1st, 2019, not only did China establish a unified IP protection system of ISPs, but also set up a blueprint for a comprehensive mechanism of ISPs for the future improvement. The question is whether this new law can effectively prevent the serious IP infringement issues of ISPs and therefore successfully improve the IP protection in China. To answerer this question, the dissertation analyzes the development of the mechanism of ISPs in copyright and trademark regimes before the Electronic Commerce Law, and seeks to demonstrate the impact of the Electronic Commerce Law for ISPs in China through a comparatively research.
Before the Electronic Commerce Law, China followed a passive-reactive approach of ISPs from the U.S. However, as the online piracy and counterfeit issues continued to grow in the last decade, Chinese legislation decided to shift to an active-preventive approach of ISPs in the Electronic Commerce Law. By comparatively examining the copyright and trademark infringement issues of ISPs between China and the U.S., this dissertation analyzes the benefits and drawbacks of these two approaches, and seeks to demonstrate how an active-preventive approach may prevent infringements more effectively than a passive-reactive approach in China.
To conclude a solution for Chinese legislation to improve the unified IP protection system of ISPs, this dissertation examines several active-preventive approaches in different jurisdictions through different cases of ISPs. As a suggestion for the future legal reform, this dissertation explores the possibility of whether Chinese legislation can legally transplant the Blocking Injunction into the unified IP protection system of ISPs, which may improve the mechanism of ISPs and provide a better IP protection in China
Draining the Flooded Markets: Tariffs, Suniva & Solar Energy Investment
Get PDFDemand for solar energy in the United States has increased significantly over the past half century. Despite the falling costs of solar infrastructure, the United States solar energy market is at a turning point. In 2017, two insolvent U.S. solar manufacturers, Suniva and SolarWorld America, successfully petitioned the International Trade Commission (ITC) to invoke Section 201 of the 1974 Trade Act. The two U.S. manufacturers argued that a surplus of imported Chinese solar panels has driven the cost of solar infrastructure too low and forced them out of the market. The ITC responded by recommending tariffs on global solar photovoltaic (PV) panel imports, which were then implemented by President Trump in early 2018. This note addresses the negative effects that PV import tariffs have on investment in the U.S. solar energy market, posits that a free-market approach toward PV panel trade will maximize investment in solar energy, and explains that imposing tariffs on PV panel imports leads to more net harm than good
Procompetitive Justifications in Antitrust Law
Get PDFThe Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.
But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an “open question,” even an “absolute mystery.” Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.
This Article provides answers and clarity. It identifies the market failure approach to analysis as doctrinally correct and economically optimal. The leading alternatives pose an unacceptably high risk of error, in the form of both false positives and false negatives. Most importantly, the Article identifies the proper, three-step method for assessing procompetitive justifications. This three-step analytical framework increases transparency and rigor, minimizes errors, and maximizes welfare
Out of Bounds: A Critical Race Theory Perspective on Pay for Play
Get PDFUnder the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes\u27 cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ( NCAA ) Division I Football Bowl Subdivision and Division I men\u27s basketball tend to generate almost all the revenue to fund their institution\u27s entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these sports have escalated, a contentious debate has raged for more than 30 years about the potential racial exploitation of the application of the amateur/education model to these two sports. Both sides of this debate tend to perceive the issue of racial exploitation in terms of dividing the revenues between the athletes or the NCAA and its member institutions. Institutions either receive more of the funds to use as they see fit, or more revenues are provided to the athletes probably at the expense of the amateur/education model. This article seeks to reformulate this debate by concentrating on the interests of the entire Black Community, not just those of elite black male athletes. By examining the Black Community\u27s perspective, potential solutions to the enduring dilemma of racial exploitation emerge. To counteract the charge that the amateur/education model is potentially racially exploitive, the NCAA and its member institutions might institute and fund massive programs that increase college attendance and graduation rates for the entire Black Community. Admittedly, these programs would necessarily be tailored in a manner that does not run afoul of the current interpretations of antidiscrimination laws, but that is possible