America Invents—And so Can You? The Dichotomy of Subject-Matter Eligibility Challenges in Post-Grant Proceedings

By:  Krystina L. Ho


In 2011, Congress passed the Leahy-Smith America Invents Act, a broad-sweeping reform of the American patent system. Within this landmark piece of legislation, Congress created trial-like administrative proceedings as a cost-effective alternative to litigation. Inter partes review ...READ MORE

Rethinking Public Education Litigation Strategy: A Duty-Based Approach to Reform

By:  Rebecca I. Yergin


With a persistent and, in some places, increasing education achievement gap falling along lines of race and class, advocates have often turned to the courts to improve this nation’s public schools.  Public law litigation has historically helped ...READ MORE

Hemming in “Harboring”: The Limits of Liability Under 8 U.S.C. § 1324 and State Harboring Statutes

By:  Mary L. Dohrmann


8 U.S.C. § 1324 prohibits, among other activities, harboring aliens who enter the United States without authorization. In the more than six decades since the law was passed, federal courts’ understandings of what “harboring” means have varied. ...READ MORE


What Would a Reasonable Jury Do? Jury Verdicts Following Summary Judgment Reversals

By:  Michael W. Pfautz


This Note examines the claim that judges have improperly granted summary judgment where a reasonable jury could find for the nonmoving party. It begins by reviewing the literature on summary judgment, particularly three opinions the Supreme Court ...READ MORE

Blurred Lines of Identity Crimes: Intersection of the First Amendment and Federal Identity Fraud

By:  Philip F. DiSanto


Several recent high-profile criminal cases have highlighted the dynamic nature of identity crimes in a modern digital era and the boundaries prosecutors sometimes push to squeeze arguably wrongful conduct into an outdated legal framework. In many cases, ...READ MORE

Confusion Likely: Standing Requirements for Legal Representatives Under the Lanham Act

By:  Kelly Knoll


When a trademark registered with the Patent and Trademark Office is infringed, section 32 of the Lanham Act provides the trademark registrant the opportunity to seek remedies in federal court. Thanks to a broad definition of “registrant,” the ...READ MORE


Aggregation Analysis in Copyright Infringement Claims: The Fate of Fictional Facts

By: Ariel M. Fox


In a copyright infringement dispute, when assessing whether a defendant’s work is substantially similar to, and therefore infringing, a plaintiff’s, a court must first determine which works to compare. A unique issue arises when a defendant has ...READ MORE

When Cops Are Robbers: Reconciling the Whren Doctrine and 18 U.S.C. § 242

By: Georgina C. Yeomans


In 1996, the Supreme Court handed down Whren v. United States, which prohibits inquiry into police officers’ subjective motivations in conducting a search or seizure when there is reasonable suspicion or probable cause on which to base ...READ MORE

The Spirit of Blasius: Sandridge as an Antidote to the Poison Put

By:  Stephen Byeff


The poison put is a contractual innovation that grants debtholders an option to redeem their debt upon the occurrence of a predefined trigger. While certain poison puts can be justified in light of Delaware corporate law’s deference to ...READ MORE


Till Death Do Us Part: Prepublication Review in the Intelligence Community

By:  Kevin Casey


As a condition of access to classified information, most employees of the U.S. intelligence community are required to sign nondisclosure agreements that mandate lifetime prepublication review. In essence, these agreements require employees to submit any works that discuss ...READ MORE

Dodd–Frank’s Failure to Address CFTC Oversight of Self-Regulatory Organization Rulemaking

By:  Derek Fischer


Since its formation, the Commodity Futures Trading Commission (CFTC) has taken a hands-off approach with respect to its oversight of the futures industry. It has relied on self-regulatory organizations (SROs)—namely, exchanges such as the Chicago Mercantile Exchange and ...READ MORE

The Federal Government’s Hand-Me-Downs: The Possibility of Protecting Fashion at the State Level

By:  Brittany Lamb


For decades, American fashion designers have been fighting, to no avail, for a federal law that protects their designs. In light of this inaction at the federal level, this Note explores the possibility of making use of the ...READ MORE


Adopting “Biology Plus” in Federal Indian Law: Adoptive Couple v. Baby Girl‘s Refashioning of ICWA’s Framework

By:  Shreya A. Fadia


This Note argues that the Supreme Court’s decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court’s characterization of the broader aims of the Indian Child Welfare Act of 1978 and ...READ MORE

Hey, That’s Cheating! The Misuse of the Irreparable Injury Rule as a Shortcut to Preclude Unjust-Enrichment Claims

By:  Eric J. Konopka


In a recent case, the Eighth Circuit, following the lead of other courts interpreting Minnesota law, hinted that a plaintiff may not be able to pursue an unjust-enrichment claim if a statutory cause of action is available. ...READ MORE

The Attorney General Veto

By:  Jeremy R. Girton


Constitutional standing doctrine requires that a private party seeking to defend the validity of a state statute must possess a “particularized” interest in the statute’s validity. When California officials refused to defend the constitutionality of Proposition 8, ...READ MORE


The Shrinking Sovereign: Tribal Adjudicatory Jurisdiction Over Nonmembers in Civil Cases

By:  M. Gatsby Miller


Tribal jurisdiction over nonmembers is limited to two narrow areas: consensual economic relationships between tribes and nonmembers, and nonmember activity that threatens tribal integrity. Even within these two narrow fields, the Supreme Court has stated that tribal ...READ MORE

“The Second Chance They Deserve”: Vacating Convictions of Sex Trafficking Victims

By:  Alyssa M. Barnard


Section 440.10(1)(i) of the New York Criminal Procedure Law allows victims of sex trafficking to vacate convictions for certain offenses they were forced to commit by their traffickers. This vacatur provision and similar laws in other states ...READ MORE

No IDEA What the Future Holds: The Retrospective Evidence Dilemma

By:  Dennis Fan


The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes ...READ MORE


Prosecuting Leakers the Easy Way: 18 U.S.C. § 641

By:  Jessica Lutkenhaus


18 U.S.C. § 641 prohibits the theft or misuse of federal government “things of value.” The federal government has used this statute to prosecute leakers of information: The government considers disclosure to be a type of theft or ...READ MORE

Overcoming Administrative Silence in Prisoner Litigation: Grievance Specificity and the “Object Intelligibly” Standard

By:  Antonieta Pimienta


The Prison Litigation Reform Act (PLRA) requires that prisoners exhaust available administrative remedies before filing a federal action challenging prison conditions. Thus, an inmate can only file a lawsuit in federal court after proceeding through each step ...READ MORE