Legal Research

New L&C Law Scholarship: Lewis & Clark Law Review Volume 15, Number 1

Posted on March 29, 2011
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 15, Number 1 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Articles Introduction by Joseph Scott Miller Weeds And Seeds In The Supreme Court’s [...

New L&C Law Scholarship: Introduction

Posted on March 29, 2011
Joseph Scott Miller, Bilski V. Kappos: Everything Old Is New Again, 15 Lewis & Clark Law Review 1 (2011)

New L&C Law Scholarship: Weeds And Seeds In The Supreme Court’s Business Method Patents Decision

Posted on March 29, 2011
Donald S. Chisum, Weeds And Seeds In The Supreme Court’s Business Method Patents Decision: New Directions For Regulating Patent Scope, 15 Lewis & Clark Law Review 11 (2011) In the 2010 Bilski decision, the Supreme Court visited the garden of doctrines on patent-eligible subject matter, a garden delineated in statutory terms by Section 101 of [...

New L&C Law Scholarship: Bilski And The Ambiguity Of “An Unpatentable Abstract Idea”

Posted on March 29, 2011
Kevin Emerson Collins, Bilski And The Ambiguity Of “An Unpatentable Abstract Idea”, 15 Lewis & Clark Law Review 37 (2011) In Bilski v. Kappos, the Supreme Court affirmed the PTO’s rejection of a number of patent claims under the patent-eligibility provision of section 101 of the Patent Act...

To access this complete feed in the blog feed reader login or register for free.

New L&C Law Scholarship: Beyond Invention

Posted on March 29, 2011
Michael J. Madison, Beyond Invention: Patent As Knowledge Law, 15 Lewis & Clark Law Review 71 (2011) The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used in this Essay as a starting point for [...

New L&C Law Scholarship: “Clues” For Determining Whether Business And Service Innovations Are Unpatentable Abstract Ideas

Posted on March 29, 2011
Pamela Samuelson & Jason Schultz, “Clues” For Determining Whether Business And Service Innovations Are Unpatentable Abstract Ideas, 15 Lewis & Clark Law Review 109(2011) The Supreme Court’s decision in Bilski v. Kappos made it clear that generalized methods of financial hedging are abstract ideas that are ineligible for patent protection...

New L&C Law Scholarship: Statutory Subject Matter In Context

Posted on March 29, 2011
John R. Thomas, Statutory Subject Matter In Context: Lessons In Patent Governance From Bilski V. Kappos, 15 Lewis & Clark Law Review 133(2011) Bilski v. Kappos offers more important lessons concerning legal institutions and the law reform process than it does about patentable subject matter...

New L&C Law Scholarship: Bankruptcy Trustee Liability

Posted on March 29, 2011
Elizabeth H. McCullough, Bankruptcy Trustee Liability: Is There A Method In The Madness?, 15 Lewis & Clark Law Review 153 (2011) Mosser v. Darrow, decided over 50 years ago, was the Supreme Court’s first and only opinion concerning the personal liability of a bankruptcy trustee...

New L&C Law Scholarship: The End Of Interrogatories

Posted on March 29, 2011
Douglas C. Rennie, The End Of Interrogatories: Why Twombly And Iqbal Should Finally Stop Rule 33 Abuse, 15 Lewis & Clark Law Review 191 (2011) Interrogatories are good for only one thing: abuse. Interrogatories are formal, written questions that parties are supposed to use to obtain discoverable information under Rule 33 of the Federal Rules [...

New L&C Law Scholarship: Manifest Disregard After Hall Street

Posted on March 29, 2011
Leigh F. Gill, Manifest Disregard After Hall Street: Back From The Dead-The Suprising Resilience Of A Non-Statutory Ground For Vacatur, 15 Lewis & Clark Law Review 265 (2011) This Note intends to survey decisions since Hall Street and identify the likely consequences for manifest disregard in light of seeming disfavor at the Supreme Court...

New L&C Law Scholarship: Environmental Law Review Volume 40, Issue 4

Posted on February 03, 2011
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 40, Issue 4 of Environmental Law Review, complete with links to the abstracts and full-text articles: Symposium Articles Staving Off the Climate Crisis: The Sectoral Approach Under the Clean Air Act by Teresa [...

New L&C Law Scholarship: Staving Off the Climate Crisis

Posted on February 03, 2011
Teresa B. Clemmer, Staving Off the Climate Crisis: The Sectoral Approach Under the Clean Air Act, 40 Environmental Law Review 1125 (2011) Global climate change demands a transformation of our entire economy and energy system within just a few short years...

New L&C Law Scholarship: Climate Change Adaptation

Posted on February 03, 2011
Robert L. Glicksman, Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations, 40 Environmental Law Review 1159 (2011) Regardless of the fate of efforts to mitigate global climate change through cuts in greenhouse gas emissions, policymakers will have to confront the need to prepare for the inevitable consequences of past greenhouse gas emissions...

New L&C Law Scholarship: The Enforcement Challenge of Cap-and-Trade Regulation

Posted on February 03, 2011
Lesley K. McAllister, The Enforcement Challenge of Cap-and-Trade Regulation, 40 Environmental Law Review 1195 (2011) The enforcement of a cap-and-trade program requires that the government know the mass emissions of all capped facilities?the whole quantity of their emissions over a given compliance period...

New L&C Law Scholarship: Is the Clean Air Act at a Crossroads?

Posted on February 03, 2011
Craig N. Oren, Is the Clean Air Act at a Crossroads?, 40 Environmental Law Review 1231 (2011) This Article comments on important recent issues concerning the Clean Air Act. The author, after summarizing the Clean Air Act briefly, assesses the Act’s accomplishments and finds that the Act has worked well in many respects...

New L&C Law Scholarship: Federal Control of Greenhouse Gas Emissions

Posted on February 03, 2011
Arnold W. Reitze, Jr., Federal Control of Greenhouse Gas Emissions, 40 Environmental Law Review 1261 (2011) This Article discusses the efforts of the United States to control greenhouse gas emissions, primarily carbon dioxide, through international negotiations, new domestic legislation and by using the Clean Air Act...

New L&C Law Scholarship: Relational Integrity Regulation

Posted on February 03, 2011
Jeffrey J. Minneti, Relational Integrity Regulation: Nudging Consumers Toward Products Bearing Valid Environmental Marketing Claims, 40 Environmental Law Review 1327 (2011) This Article focuses on the regulation of environmental marketing claims-those claims that sellers make about their products’ environmental attributes...

New L&C Law Scholarship: Ecosystem Services and the Clean Water Act

Posted on February 03, 2011
J.B. Ruhl, Ecosystem Services and the Clean Water Act: Strategies for Fitting New Science into Old Law, 40 Environmental Law Review 1381 (2011) This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act regulatory programs as an example for all environmental laws...

New L&C Law Scholarship: Lewis & Clark Law Review Volume 14, Number 4

Posted on January 22, 2011
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 14, Number 4 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium Who Is The Reasonable Person? The Reasonable Person: A Conceptual Biography In [...

New L&C Law Scholarship: The Reasonable Person

Posted on January 22, 2011
Mayo Moran, The Reasonable Person: A Conceptual Biography In Comparative Perspective, 14 Lewis & Clark Law Review 1233 (2010) As the common law’s most enduring fiction, the reasonable person fulfills a great many different roles across very different bodies of law...

New L&C Law Scholarship: Negotiating The Situation

Posted on January 22, 2011
Lu-in Wang, Negotiating The Situation: The Reasonable Person In Context, 14 Lewis & Clark Law Review 1285 (2010) This Essay argues that our understanding of the reasonable person in economic transactions should take into account an individual’s race, gender, or other group-based identity characteristics—not necessarily because persons differ on account of those characteristics, but because [...

New L&C Law Scholarship: The Grammar Of Trademarks

Posted on January 22, 2011
Laura A. Heymann, The Grammar Of Trademarks, 14 Lewis & Clark Law Review 1313 (2010) How do people talk when they talk about trademarks? If trademarks have become, as linguist Geoffrey Nunberg suggests, our “new global tongue,” perhaps we should pay greater attention to the grammar we use when we talk about them...

New L&C Law Scholarship: Gaining Some Perspective In Tort Law

Posted on January 22, 2011
Martha Chamallas, Gaining Some Perspective In Tort Law: A New Take On Third-Party Criminal Attack Cases, 14 Lewis & Clark Law Review 1351 (2010) Despite the prominence of the objective “reasonable person standard” in tort doctrine, it is a mistake to conclude that perspective has no place in contemporary tort law...

New L&C Law Scholarship: What’s Reasonable?

Posted on January 22, 2011
Caroline Forell, What’s Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, 14 Lewis & Clark Law Review 1401 (2010) In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v...

New L&C Law Scholarship: Defining The Reasonable Person In The Criminal Law

Posted on January 22, 2011
Michael Vitiello, Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, 14 Lewis & Clark Law Review 1435 (2010) When courts invoke the reasonable person as a means to assess culpability, they attribute to the standard some but not all of the objective and subjective characteristics of the accused...

New L&C Law Scholarship: Halting The Sudden Descent Into Brutality

Posted on January 21, 2011
Sara F. Werboff, Halting The Sudden Descent Into Brutality: How Kennedy V. Louisiana Presents A More Restrained Death Penalty Jurisprudence, 14 Lewis & Clark Law Review 1601 (2010) In Kennedy v. Louisiana, a divided United States Supreme Court drew a sharp line between crimes resulting in the death of another and crimes that do not...

New L&C Law Scholarship: Freestanding Innocence as a Ground For Habeas Relief

Posted on January 21, 2011
Caroline Livett, 28 U.S.C. § 2254(j): Freestanding Innocence as a Ground For Habeas Relief: Time For Congress To Answer The Court’s Embarrassing Question, 14 Lewis & Clark Law Review 1649 (2010) The Supreme Court has struggled with whether a showing of innocence should be an independent ground for habeas relief, or whether it should just [...

New L&C Law Scholarship: Cultural Cognition And The Reasonable Person

Posted on January 21, 2011
Donald Braman, Cultural Cognition And The Reasonable Person, 14 Lewis & Clark Law Review 1455 (2010) The reasonable person does a yeoman’s job. She lifts the burden of painful decision-making from the legislature’s shoulders; she helps keep legal standards current by adjusting legal outcomes to shifting norms; she shields the law from excessive professionalization; and [...

New L&C Law Scholarship: Reasonable Officers vs. Reasonable Lay Persons In The Supreme Court’s Miranda And Fourth Amendment Cases

Posted on January 21, 2011
Susan F. Mandiberg, Reasonable Officers vs. Reasonable Lay Persons In The Supreme Court’s Miranda And Fourth Amendment Cases, 14 Lewis & Clark Law Review 1481 (2010) This Article examines the role of the reasonable person as it applies to the Supreme Court’s investigative criminal procedure jurisprudence...

New L&C Law Scholarship: The Reasonable Believer

Posted on January 21, 2011
Paula Abrams, The Reasonable Believer: Faith, Formalism, And Endorsement Of Religion, 14 Lewis & Clark Law Review 1537 (2010) The reasonable observer standard, used in Establishment Clause cases to determine whether government action endorses religion, marks a retreat by the Court from vigorous scrutiny of government purpose and effect...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.