Skip to main content

Articles Category

Dell Appraisal Proceeding: Delaware Court of Chancery Finds Price Payable in Management Buyout Understates “Fair Value” by 28%

Feb. 27, 2017—Dell Appraisal Proceeding Delaware Court of Chancery Finds Price Payable in Management Buyout Understates “Fair Value” by 28% ABSTRACT Vice Chancellor Laster declines to give weight to transaction price negotiated by independent board committee and approved by unaffiliated stockholders AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has...

Read more


Sector Agnosticism and the Coming Transformation of Education Law

Jan. 27, 2017—Sector Agnosticism and the Coming Transformation of Education Law ABSTRACT Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private school choice devices like vouchers, tax...

Read more


Monopolies in Multidistrict Litigation

Jan. 27, 2017—Monopolies in Multidistrict Litigation ABSTRACT When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet...

Read more


Aging Injunctions and the Legacy of Institutional Reform Litigation

Jan. 27, 2017—Aging Injunctions and the Legacy of Institutional Reform Litigation ABSTRACT Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional...

Read more


A Regulatory Theory of Legal Claims

Jan. 27, 2017—A Regulatory Theory of Legal Claims ABSTRACT Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve “substantive justice” and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in...

Read more


Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims

Jan. 13, 2017—Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims ABSTRACT Comstock requires a finding that entire fairness review is inapplicable before Corwin triggers business judgment deference. Larkin applies Corwin’s “cleansing effect” to all transactions absent a controlling stockholder. AUTHORS Robert S. Reder Professor of the Practice of Law at...

Read more


Introduction

Nov. 28, 2016—Symposium Introduction: The Disclosure Function of the Patent System AUTHOR Professor of Law, Professor of Chemistry, and Chancellor Faculty Fellow, Vanderbilt University.

Read more


Patent Disclosures and Time

Nov. 28, 2016—Patent Disclosures and Time AUTHOR Professor of Law, Emory University School of Law.

Read more


Legal Fictions and the Role of Information in Patent Law

Nov. 28, 2016—Legal Fictions and the Role of Information in Patent Law AUTHOR Galen J. Roush Professor of Law and Director, Spangenberg Center of Law, Technology & the Arts, Case Western Reserve University School of Law.

Read more


Physicalism and Patent Theory

Nov. 28, 2016—Physicalism and Patent Theory ABSTRACT United States patent law’s view on the need for a physical embodiment of the invention, and the continued production and use of an embodiment, has varied over the last two centuries. In the early days, the requirement for “physicalism” was high, with the inventor being required to actually reduce the...

Read more


Nontechnical Disclosure

Nov. 28, 2016—Nontechnical Disclosure AUTHOR Associate Professor of Law, American University Washington College of Law.

Read more


Patent Silences

Nov. 28, 2016—Patent Silences ABSTRACT A great deal has been said in recent years about patent disclosure. But to say that there is a disclosure function in the patent system implies that there is non-disclosure functioning in the patent system as well. For some information to be disclosed in a patent, other information must go undisclosed; for...

Read more


Disclosing Designs

Nov. 28, 2016—Disclosing Designs AUTHORS Jason Du Mont Microsoft Fellow, Center for Intellectual Property Research, Indiana University Maurer School of Law, Bloomington; Doctoral Candidate, International Max Planck Research School for Competition and Innovation. Mark D. Janis Robert A. Lucas Chair of Law and Director, Center for Intellectual Property Research, Indiana University Maurer School of Law, Bloomington.  ...

Read more


The Doctrinal Structure of Patent Law’s Enablement Requirement

Nov. 28, 2016—The Doctrinal Structure of Patent Law’s Enablement Requirement ABSTRACT This Article examines the formal law of enablement, focusing on a perceived split in the enablement doctrine: whether disclosure of a single mode of an invention is necessarily sufficient to satisfy the requirement of enablement or whether the full scope of the claim must be enabled....

Read more


Dynamic Patent Disclosure

Nov. 28, 2016—Dynamic Patent Disclosure AUTHOR Professor of Law, New York University School of Law; Co-Director, Engelberg Center on Innovation Law & Policy.

Read more


Photocopies, Patents, and Knowledge Transfer: “The Uneasy Case” of Justice Breyer’s Patentable Subject Matter Jurisprudence

Nov. 28, 2016—Photocopies, Patents, and Knowledge Transfer: “The Uneasy Case” of Justice Breyer’s Patentable Subject Matter Jurisprudence ABSTRACT One aspect of Justice Stephen Breyer’s discomfort with patents, as expressed in his opinion for the Supreme Court in Mayo v. Prometheus and his dissent from the order dismissing certiorari in LabCorp v. Metabolite, is strikingly similar to one...

Read more