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Episode 16: Steve Vladeck & the Supreme Court Shadow Docket
No full textIn this episode we talk to Stephen Vladeck (Charles Alan Wright Chair in Federal Courts, University of Texas School of Law) about his book The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
Memorizing Trade Secrets
Full text linkThe earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information\u27s relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing new pressure on existing trade secret law, the issue of remembered information is of increasing importance. This Article discusses the historical development of trade secret law with respect to remembered information and suggests the continued importance of the distinction between information taken in tangible form and that taken solely in memory
Can\u27t Get It Out of My Head: Trade Secrets Liability for Remembered Information
Full text linkThe earliest trade secrets cases recognized that intentional memorization of trade secret information for the purpose of misappropriating that information should be redressable in a trade secrets action. However, courts did not distinguish between information that was intentionally memorized versus information that was inadvertently remembered. In the early days, trade secrets law was characterized by unfair competition approaches whereby liability would be found only if there was some improper act by the misappropriator. This approach was solidified in the Restatement (First) of Torts, which conditioned misappropriation liability upon a knowledge requirement. The knowledge requirement continued in the later statutory period, but courts applied it inconsistently and sometimes not at all. This Article develops a taxonomy of remembered information and uses the taxonomy in conjunction with cognitive science to suggest that misappropriation liability should not attach in many cases of remembered information because the employee\u27s state of mind would preclude a finding that the knowledge requirement was met
Idaho Department of Water Resources’ Amended Snake River Basin Moratorium Order: Survey of Potential Implications
Full text linkCAN AMERICA’S FASTEST-GROWING CITY SAVE ITSELF? PROPERTY RIGHTS AND THE PLANNING ETHIC IN BOISE, IDAHO
Full text linkBrief of Tribal Nations and Indian Organizations as Amici Curiae in Support of the Navajo Nation
Full text linkPLANNING FOR RAPID GROWTH IN SMALL AND RURAL COMMUNITIES IN THE INTERMOUNTAIN WEST: IDENTIFYING CHALENGES AND SOLUTIONS IN THE LAND USE CONTEXT
Full text linkEpisode 14: Writing Code with Law Students with Wes Oliver (Duquesne) & Morgan Gray
No full textIn this episode we discuss why writing code with law students is a valuable addition to the law school curriculum. Prof. Wes Oliver (Duquesne) and his former student Morgan Gray walk us through the development of their course in coding for law students
Episode 13: John Linarelli (Touro) on Legal Education in the U.S. & the U.K.
No full textProf. John Linarelli (Touro) discusses the differences -- & similarities -- between legal education in the U.S. & the U.K
