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September 2007 - Posts
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Last week's hire-fire-rehire drama over Erwin Chemerinsky as the University of California, Irvine's law dean reminds UCLA law professor Jerry Kang of a Supreme Court case in which the justices distinguished between a library choosing not to acquire a certain book and removing the offending title from its shelves. In both instances, the timing of the action speaks louder than the result.
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Restatement of Employment Law is ill-conceived and should be put to rest.
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Stoneridge will have enormous consequences for investors' ability to recover monies against those who purposefully enable others to lie to the markets the silent partners in corporate fraud, insider trading and stock manipulation.
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The Terror Presidency: Law and Judgment Inside the Bush Administration, a welcome insider's analysis of policy discussions and legal interpretations after the attacks of Sept. 11, 2001. While he offers a confusing account of the administration's attitude on the rule of law, he is more blunt and consistent about OLC's "torture memos," stating that they "seemed more an exercise of sheer power than reasoned analysis."
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Throughout the nation, activists understandably troubled by the ongoing tragedy of Darfur have pressed public pension plans to divest the stock of corporations with varying connections to the Sudan. While the motivations of those seeking Darfur and Iranian divestment are beyond reproach, the tactic they pursue is not. However well-intended, social investing of governmental pension assets is at best ineffective and at worst costly to retirees and taxpayers, and dilutive of fiduciary standards.
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Should we adopt a radical reform provision called "patent opposition" included in bills pending in both the House and Senate? The recent experience of three Asian countries that have implemented, and subsequently abolished, patent opposition systems signals a resounding "No."
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The Civil Rights Tax Relief Act of 2007 would remedy anomalies in the treatment of damages obtained by employment discrimination victims and other civil rights plaintiffs, which disadvantage them by comparison with victims of physically injurious torts.
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Private-sector firms have increasingly joined forces with activist attorneys general. Given the billions of dollars often up for grabs in high-stakes litigation, it's no wonder that more than a few abuses have come to light. The American Tort Reform Association is now offering for public debate a transparency code for these alliances, appropriately based on public disclosure, competitive bidding, oversight and fiscal accountability.
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Bowles v. Russell to look at the statute sends lawyers down an obscure trail that ends up at a rabbit hole, because technically the statute the Supreme Court majority looked at did not apply.
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Safety scares from imports from China have filled the front pages lately. Our international legal obligations have not. The United States and China are both members of the World Trade Organization, and they are therefore both bound by their legal obligations under the WTO treaty, which includes at least three international agreements that will apply to any restrictions that may be imposed by the United States on unsafe imports from China.
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Seagate decision, which established a stricter standard for proving willful patent infringement while confirming the sanctity of the attorney-client privilege, is of particular import because a finding of willful infringement often results in increasing the damages awarded to the patentee.
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The legal academy has played a vital role in its interaction with both the bench and bar by providing lucid analysis of case law, and setting forth a theoretical framework for new and yet uncharted causes of action. For those of us in academia, it is our responsibility to continue to contribute to the discourse with the legal profession.
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When Alberto R. Gonzales was appointed attorney general of the United States, we expressed skepticism about his ability to perform the role adequately, given his close ties to the president and previous conduct. Unfortunately, his two and a half years in office have confirmed our worst fears, and his recent resignation was long overdue.
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