Legal Research

New L&C Law Scholarship: What Hath eBay v. MercExchange Wrought?

Posted on July 08, 2010
James M. Fischer, What Hath eBay v. MercExchange Wrought?, 14 Lewis & Clark Law Review 555 (2010) Before the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., courts tended to grant injunctive relief for patent infringement as a matter of course...

New L&C Law Scholarship: Irreparable Harm

Posted on July 08, 2010
David McGowan, Irreparable Harm, 14 Lewis & Clark Law Review 577 (2010) This Article examines the irreparable harm doctrine and argues that sociological factors such as user perceptions of works be taken into account in evaluating whether such harm exists for purposes of granting injunctive relief...

New L&C Law Scholarship: The Supreme Court’s Unremarkable Decision in eBay Inc. v. MercExchange, L.L.C.

Posted on July 08, 2010
Rachel M. Janutis, The Supreme Court’s Unremarkable Decision in eBay Inc. v. MercExchange, L.L.C., 14 Lewis & Clark Law Review 597 (2010) In eBay Inc. v. MercExchange, L.L.C. the Supreme Court concluded that a district court had discretion to balance the equities and deny a permanent injunction even after a finding of infringement and validity...

New L&C Law Scholarship: A Structured Approach to Calculating Reasonable Royalties

Posted on July 08, 2010
Daralyn J. Durie and Mark A. Lemley, A Structured Approach to Calculating Reasonable Royalties, 14 Lewis & Clark Law Review 627 (2010) A significant part of the problem with patent damage awards comes from the non-exclusive, fifteen-factor “Georgia-Pacific” test now taken as the gold standard for calculating reasonable royalty damages...

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New L&C Law Scholarship: The Case for Restitution and Unjust Enrichment Remedies in Patent Law

Posted on July 08, 2010
Caprice L. Roberts, The Case for Restitution and Unjust Enrichment Remedies in Patent Law, 14 Lewis & Clark Law Review 653 (2010) A patent owner should have access to a restitutionary disgorgement remedy. The goals served by the remedy could operate to benefit patent law aims...

New L&C Law Scholarship: Triggering Congressional War Powers Notification

Posted on July 08, 2010
Geoffrey Corn, Triggering Congressional War Powers Notification: A Proposal to Reconcile Constitutional Practice with Operational Reality, 14 Lewis & Clark Law Review 687 (2010) In 1973, a supermajority of Congress overcame President Nixon’s veto to enact the War Powers Resolution...

New L&C Law Scholarship: The Not So Great Writ

Posted on July 08, 2010
Ursula Bentele, The Not So Great Writ: Trapped in the Narrow Holdings of Supreme Court Precedents, 14 Lewis & Clark Law Review 741 (2010) Recent opinions by the United States Supreme Court in cases involving petitions for writs of habeas corpus brought by state prisoners under the Antiterrorism and Effective Death Penalty Act (AEDPA) have placed [...

New L&C Law Scholarship: Losing Hold of the Guiding Hand

Posted on July 08, 2010
Barbara Fedders, Losing Hold of the Guiding Hand: Ineffective Assistance of Counsel in Juvenile Delinquency Representation, 14 Lewis & Clark Law Review 771 (2010) Lawyers for children in juvenile delinquency proceedings frequently provide their clients deficient representation...

New L&C Law Scholarship: Declaratory Relief After MedImmune

Posted on July 08, 2010
David I. Levine and Charles E. Belle, Declaratory Relief After MedImmune, 14 Lewis & Clark Law Review 491 (2010) In MedImmune, Inc. v. Genentech, Inc., the Supreme Court of the United States rejected the Federal Circuit?s “reasonable apprehension of imminent suit” test for determining the existence of a justiciable controversy in actions for declaratory relief involving [...

New L&C Law Scholarship: Back to the Future

Posted on July 08, 2010
Mark P. McKenna, Back to the Future: Rediscovering Equitable Discretion in Trademark Cases, 14 Lewis & Clark Law Review 537 (2010) Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while [...

New L&C Law Scholarship: Environmental Law Review Volume 40, Issue 2

Posted on July 07, 2010
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 40, Issue 2 of Environmental Law Review, complete with links to the abstracts and full-text articles: Essay A Fish Tale: A Small Fish, the ESA, and our Shared Future by Dale D...

New L&C Law Scholarship: A Fish Tale

Posted on July 07, 2010
Dale D. Goble, A Fish Tale: A Small Fish, the ESA, and our Shared Future, 40 Environmental Law Review 339 (2010) The objective of the Endangered Species Act is to “recover” imperiled species and thus to render the Act’s conservation tools unnecessary...

New L&C Law Scholarship: Climate Change Adaptation and the Structural Transformation of Environmental Law

Posted on July 07, 2010
J.B. Ruhl, Climate Change Adaptation and the Structural Transformation of Environmental Law, 40 Environmental Law Review 363 (2010) Only recently has the “adaptation deficit” become a concern actively included in climate change policy debate...

New L&C Law Scholarship: Ahistorical Indians and Reservation Resources

Posted on July 07, 2010
Ezra Rosser, Ahistorical Indians and Reservation Resources, 40 Environmental Law Review 437 (2010) This Article uses the Navajo Nation?s proposal to develop a coal-fired power plant to explore the economic, social, and regulatory challenges of Indian nations pursuing environmentally destructive forms of economic development...

New L&C Law Scholarship: Cities as Emergent Systems

Posted on July 07, 2010
Charles Lord & Keaton Norquist, Cities as Emergent Systems: Race as a Rule in Organized
Complexity, 40 Environmental Law Review 551 (2010) Cities are perceived as chaotic and mysterious-beyond the ability of policymakers to shape and control...

New L&C Law Scholarship: BLM’s Retained Rights

Posted on July 07, 2010
Bruce M. Pendery, BLM’s Retained Rights: How Requiring Environmental Protection Fulfills Oil and Gas Lease Obligations , 40 Environmental Law Review 599 (2010) There are approximately 39 million acres of federal mineral estate in the eleven western states subject to onshore oil and natural gas leases issued by the Bureau of Land Management...

New L&C Law Scholarship: Brief for Natural Resources Defense Council as Amici Curiae Supporting Respondent, Monsanto Co. v. Geertson Seed Farms

Posted on July 07, 2010
Craig Johnston, Brief for Natural Resources Defense Council as Amici Curiae Supporting Respondent, Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S. Apr. 5, 2010), 40 Environmental Law Review 687 (2010) In equity, courts traditionally have had the power to issue injunctions in response to significant threats, regardless of whether the threatened harm was preponderantly likely [...

New L&C Law Scholarship: Getting to Here

Posted on July 07, 2010
Wes Nicholson, Getting to Here: Bioregional Federalism, 40 Environmental Law Review 713 (2010) Environmental problems, which are byproducts of a market economy that is a complex, self-organizing system, may be best policed by a complex, self-organizing system...

New L&C Law Scholarship: Animal Law Volume 16, Issue 1

Posted on July 07, 2010
The latest issue of Lewis & Clark Law School’s Animal Law is now out. Here are the articles published in Volume 16, Issue 1 of Animal Law, complete with links to the abstracts: Introduction Natural Behavior by Jeffrey Moussaieff Masson Articles Speaking for the Modern Prometheus: The Significance of Animal Suffering to the Abolition Movement by Elizabeth L...

New L&C Law Scholarship: Introduction

Posted on July 01, 2010
Jeffrey Moussaieff Masson, Introduction: Natural Behavior, 16 Animal Law 1 (2009) (abstract from Animal Law)

New L&C Law Scholarship: Speaking for the Modern Prometheus

Posted on July 01, 2010
Elizabeth L. DeCoux, Speaking for the Modern Prometheus: The Significance of Animal Suffering to the Abolition Movement, 16 Animal Law 9 (2009) There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals...

New L&C Law Scholarship: Animals as Vulnerable Subjects

Posted on July 01, 2010
Ani B. Satz, Animals as Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, and Property, 16 Animal Law 65 (2009) This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA)...

New L&C Law Scholarship: Oats, Water, Hay, and Everything Else

Posted on July 01, 2010
Bradley S. Friedman, Oats, Water, Hay, and Everything Else: The Regulation of Anabolic Steroids in Thoroughbred Horse Racing, 16 Animal Law 123 (2009) In May 2008, a horse named Big Brown won the Kentucky Derby, narrowly beating a filly named Eight Belles...

New L&C Law Scholarship: Ringling Brothers on Trial

Posted on July 01, 2010
Mark Eichelman, Ringling Brothers on Trial: Circus Elephants and the Endangered Species Act, 16 Animal Law 153 (2009) In February 2009, the case of American Society for the Prevention of Cruelty to Animals, et al. v. Feld Entertainment, Inc. was heard in the United States District Court for the District of Columbia...

New L&C Law Scholarship: Son of Sam and Dog of Sam

Posted on July 01, 2010
Emma Ricaurte, Son of Sam and Dog of Sam: Regulating Depictions of Animal Cruelty Through the Use of Criminal Anti-Profit Statutes, 16 Animal Law 171 (2009) In 1991, Congress enacted 18 U.S.C. sec 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on [...

New L&C Law Scholarship: Environmental Law Review Volume 40, Issue 1

Posted on March 24, 2010
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 40, Issue 1 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Capping Carbon by David M...

New L&C Law Scholarship: Capping Carbon

Posted on March 24, 2010
David M. Driesen, Capping Carbon, 40 Environmental Law Review 1 (2010) This Article discusses cap setting for a cap-and-trade program, a key problem in pending legislation addressing global climate disruption. While the literature often suggests that trading automatically solves the problems associated with Best Available Technology (BAT) regulation, regulators often use a BAT approach to [...

New L&C Law Scholarship: Climate Exceptionalism

Posted on March 24, 2010
John Copeland Nagle, Climate Exceptionalism, 40 Environmental Law Review 53 (2010) The Supreme Court appears to have rejected “climate exceptionalism” in Massacusetts v. EPA, but many people continue to emphasize the differences between climate change and traditional air pollution and question whether the entire pollution paradigm is appropriate for responding to climate change...

New L&C Law Scholarship: Summers v. Earth Island Institute Rejects Probablistic Standing, but a “Realistic Threat” of Harm Is a Better Standing Test

Posted on March 24, 2010
Bradford Mank, Summers v. Earth Island Institute Rejects Probablistic Standing, but a “Realistic Threat” of Harm Is a Better Standing Test, 40 Environmental Law Review 89 (2010) In Summers v. Earth Island Institute, the Supreme Court recently rejected the proposed test for organizational standing in Justice Breyer’s dissenting opinion based upon the statistical probability that some [...

New L&C Law Scholarship: Exempt Well Issues in the West

Posted on March 24, 2010
Nathan Bracket, Exempt Well Issues in the West, 40 Environmental Law Review 141 (2010) Exempt or domestic wells provide water to large portions of the western population. However, these wells are often not subject to permits or adjudication and have the potential to create significant regulatory and administrative challenges...

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