Volume 66, Fall 2013, Issue 2
FORMAL BUT FORGIVING: A NEW APPROACH TO PATENT ASSIGNMENTS
Karen E. Sandrik
This Article contributes to an emerging literature and jurisprudence regarding what role other legal regimes should play in the development of patent law. Some scholars argue that common law systems should be purged from patent law, while others argue that patent law is already too specialized and devoid of generalist law. Further, the Supreme Court has recently struggled deciding patent cases that require consideration or application of other legal regimes, such as contract law, the Bayh-Dole Act, and antitrust law.
PEDAGOGICALLY SOUND CUTS, TIGHTER (NOT LOOSER) ACCREDITION STANDARDS, AND A WELL-OILED DOOMSDAY MACHINE: THE RESPONSIBLE WAY OUT OF THE CRISIS IN LEGAL EDUCATION
Jay Sterling Silver
With runaway tuition, sky-high graduate debt and unemployment, plummeting law school applications, and the tectonic shift in the nature and delivery of legal services further clouding the picture, we must do more than bitterly bemoan the plight of law students and loosely cast aspersions over how we got here. We must decide, very quickly, exactly what in legal education should be salvaged, what should be reengineered, and what should be tossed overboard.
COPYRIGHT CULTURAL CAPITAL
Xiyin Tang
This Article explores the oft-ignored relationship between copyright law and class stratification. Copyright law widens and perpetuates the gulf between the elite and masses in three ways.
THE INDEPENDENCE OF THE JUDICIARY
The Honorable Barry T. Albin
Tonight I want to talk to you about an issue that should be of grave concern to all of you – the threat to an independent judiciary. I am the last Justice to receive tenure on the New Jersey Supreme Court. That is not a distinction that I want to hold. I knew that it was difficult to stay on the Court. And I never expected that a jurist in this State would be denied tenure because of the judicial views attributed to him or her.
NAVIGATING THE UNCHARTED WATERS OF LIABILITY APPORTIONMENT: THE ROTTERDAM RULES AND AMERICAN CARGO DAMAGE CLAIMS
Sara B. Cannon
Cargo transported by sea faces myriad risks, from severe weather and shipwrecks, to water damage and port delays, not to mention human negligence and error. When a confluence of factors leads to cargo damage, the harm can be great and the liability can be complicated. Despite the risks, the shipping industry forms an integral part of modern international trade, where about eighty percent of all traded goods are transported by sea, and is expected to continue growing in the future as international trade expands worldwide.
USE IT OR LOSE IT: THE ENFORCEMENT OF POLYGAMY LAWS IN AMERICA
Ashley E. Morin
Throughout the past decade, polygamy has been thrust into the spotlight in America, being portrayed in the news, in reality television shows, and in popular books. From raids in Texas, raising accusations of child abuse and statutory rape, to the popular television show Big Love, many Americans have become intrigued with the practice of polygamy and its morality. These questions are fueled by the growing acceptance of sexual freedom and privacy as evidenced by the Supreme Court’s decisions in Lawrence v. Texas, United States v. Windsor, and Hollingsworth v. Perry, as well as changing social norms on the definition of family.
In its recent decision the New Jersey Supreme Court heightened the standard of review that the court should use when reviewing a prosecutor’s decision to waive juveniles aged sixteen and over charged with an enumerated offense under section 2A:4A-26 of the New Jersey Statutes Annotated into adult criminal court. The court held that the judicial review should be governed by an abuse of discretion standard, rather than the “patent and gross abuse of discretion standard.”
Rutgers University Law Review