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Tuesday, April 30, 2013

Professor Trimble Reviews Cotter's Comparative Patent Remedies: A Legal and Economic Analysis

The Boyd School of Law is very pleased to announce that Professor Marketa Trimble recently reviewed Thomas F. Cotter's book Comparative Patent Remedies: A Legal and Economic Analysis (Oxford University Press 2013). 

Published on the Antitrust & Competition Policy Blog on April 30, 2013, Professor Trimble's review states that Comparative Patent Remedies "is an extremely timely and most welcome contribution to the comparative literature on intellectual property law and the law of remedies. . . .  In looking beyond U.S. borders, Cotter relies on his deep expertise in U.S. patent remedies from his previous publications. His knowledge enables him to detail a theoretical framework for remedies from a law and economics perspective (pp. 39-75), and it is within this framework that he presents his description and analysis of the law and practice of remedies in the United States (which covers slightly more than a fifth of the book – pp. 76-162), and several foreign countries, including the major patent litigation countries – the United Kingdom, Germany, and China. The coverage of countries is impressive because publications spanning this number of countries rarely appear in single-author monographs – they usually result from an international collaboration of several authors."  To read more of Professor Trimble's review, click here

Professors LaFrance and Trimble Author Chapters in Intellectual Property in Common Law and Civil Law

 
The Boyd School of Law is very pleased to announce that book chapters authored by Professor Mary LaFrance (left) and Professor Marketa Trimble (right) were recently published in Intellectual Property in Common Law and Civil Law (Toshiko Takenaka ed., 2013). 

Professor LaFrance's book chapter, "Passing Off and Unfair Competition Regimes Compared," analyzes the differences between trademark regimes in common law and civil law systems, concluding that common law countries emphasize consumer protection while civil countries focus more on protecting the merchants' investments in their trademarks.  This results in disparate approaches to disputes involving comparative advertising, copycat products, merchandising rights, and keyword advertising.

Professor Trimble's book chapter, "Extraterritorial Enforcement," analyzes three forms of extraterritorial enforcement of intellectual property rights, including the extraterritorial application of intellectual property laws to acts committed outside protecting countries, the extraterritorial litigation of rights under the laws of foreign countries, and cross-border enforcement of judgments rendered in intellectual property cases.

Congratulations, Mary and Marketa! 

Monday, April 29, 2013

Dean Rapoport Essay Highlighted in The Wall Street Journal Law Blog

The Boyd School of Law is very pleased to announce that Interim Dean and Gordon Silver Professor of Law Nancy Rapoport recently placed an essay ("Managing U.S. News & World Report - The Enron Way") in volume 48, issue 2, of the Gonzaga Law Review.  The Boyd School of Law is also proud to announce that Dean Rapoport's essay was featured in an April 26, 2013, The Wall Street Journal Law Blog post ("Law Schools and the 'Enron Way'") authored by Jacob Gershman.

According to Gershman, "In pursuit of higher rankings, law schools risk falling into an Enron-like trap, according to a new law review essay.  Nancy B. Rapoport, the interim dean of University of Nevada’s William S. Boyd School of Law in Las Vegas, sees parallels between incentives that encourage law schools to embellish data and incentives that helped drive Enron into the ground."  To read more of Gershman's blog post, click here.

Congratulations, Nancy! 

Monday, April 22, 2013

Professor Trimble Guest Blogs on Patently-O

The Boyd School of Law is very pleased to announce that Professor Marketa Trimble recently authored a guest blog post on Patently-O, the nation's leading patent law blog.

Titled "Patent-Conscious Preparation for a Summer at the Beach," Professor Trimble's guest blog post explains that as the America Invents Act slowly fades as a cocktail party topic, the topic of summer footwear presents opportunities for new patent-spirited discussions.  To read more about U.S. patent 8,371,043 and how it provides excellent material for discussion relating to U.S. intellectual property protection for fashion and the value of U.S. patents, click here.

Professor Trimble joined Boyd's full-time faculty in 2010, bringing expertise in Conflict of Laws, Patent Law, Cyberlaw, International Intellectual Property Law, Private International Law, Intellectual Property, Copyright Law, European Union Law, and Comparative Law. She is a graduate of Stanford Law School (J.S.D., 2010; J.S.M., 2006) and the Law School of Charles University in Prague (Ph.D., 2002; JUDr., 2001; and Mgr., 1997).

Professor Morrison Places New Article in the American University Law Review

The Boyd School of Law is very pleased to announce that Visiting Assistant Professor Angela D. Morrison has placed her article "Duke-ing Out Pattern or Practice After Wal-Mart: The EEOC as Fist" in the American University Law Review.

Professor Morrison's article examines the role of the U.S. Equal Employment Opportunity Commission ("EEOC") in litigating pattern or practice claims after the Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). Although the decision in Wal-Mart significantly limited the ability of private litigants to bring systemic claims of employment discrimination, courts who seek to similarly limit the EEOC's litigation authority misapprehend the role of the EEOC. The article concludes that as an institutional player and by design, the EEOC is best suited to litigate systemic violations of Title VII. And, the EEOC administrative process addresses many of the due process concerns of both employee-victims and employers. Thus, preserving EEOC litigation authority both in terms of for whom the EEOC can seek relief and the type of damages it can recover is necessary to ensure the effective enforcement of Title VII.
 
Professor Morrison's article is expected to go to press in December 2013.  Congratulations, Angela! 

Wednesday, April 10, 2013

Boyd Law School Has One of the Highest Rates of State Court Clerkship Placements in 2012

According to The National Law Journal, Boyd School of Law ranked 8th among all 202 law schools in placing the Class of 2012 in state court clerkships. 16.1% of the Class of 2012 obtained state court clerkships. A total of 29 students in the Class of 2012 began their careers in state or federal clerkships, a total of 18% of the class overall. 

Judicial clerkships provide an excellent educational opportunity, including insight into the process of judicial decision-making as well as exposure to the documents, procedures, and function of the litigation process. Clerking provides the opportunity to strengthen graduates’ analytical skills and legal writing abilities. These experiences combine to improve the preparation of the clerk for his or her future legal career.             

Professor Trimble Publishes New Book Review in The IP Law Book Review

The Boyd School of Law is very pleased to announce the publication of Professor Marketa Trimble's review of Alexander Peukert's new book, Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics), Mohr Siebeck 2012.

The review was published in volume 3, issue 2, of Golden Gate University School of Law's The IP Law Book Review in April 2013.  Professor Trimble writes:  "Alexander Peukert, a professor of civil and commercial law who specializes in international intellectual property law at Goethe University in Frankfurt am Main, Germany, has responded to the general interest in the public domain and devoted his latest book to the goal of defining its limits."  To read more of Professor Trimble's review, click here.

Professor Trimble joined Boyd's full-time faculty in 2010, bringing expertise in Conflict of Laws, Patent Law, Cyberlaw, International Intellectual Property Law, Private International Law, Intellectual Property, Copyright Law, European Union Law, and Comparative Law. She is a graduate of Stanford Law School (J.S.D., 2010; J.S.M., 2006) and the Law School of Charles University in Prague (Ph.D., 2002; JUDr., 2001; and Mgr., 1997).

Tuesday, April 2, 2013

Boyd Student Chosen as Next Generation Leader


Boyd student Amanda Ireland has recently been named a Next Generation Leader (NGL) for the American Constitution Society for Law and Policy (ACS).

ACS launched its NGL program in 2007. The program identifies and provides support to recent and forthcoming law school graduates who have demonstrated leadership in their work with ACS’s student chapters and who have the interest and skills to continue being engaged members of the ACS community in the future.

Each year, 20 to 25 students are selected as NGLs. They are given special access to training and career advancement opportunities, introductions to local lawyer chapter leaders, priority access to fellowships and scholarships for ACS activities, individualized career support, and more.

Amanda and her fellow NGLs will be honored on June 15 at the ACS national convention in Washington, D.C.

Congratulations, Amanda!

Professor Sternlight Places Latest Article in the Arizona State Law Journal

The Boyd School of Law is very pleased to announce that Professor Jean Sternlight has placed her latest law review article, "Behavioral Legal Ethics" (with Jennifer Robbennolt), in the Arizona State Law Journal.

The abstract for "Behavioral Legal Ethics" provides:  "Complaints about lawyers’ ethics are commonplace. While it is surely the case that some attorneys deliberately choose to engage in misconduct, psychological research suggests a more complex story. It is not only 'bad apples' who are unethical. Instead, ethical lapses can occur more easily and less intentionally than we might imagine. In this paper, we examine the ethical 'blind spots,' slippery slopes, and 'ethical fading' that may lead good people to behave badly. We then explore specific aspects of legal practice that can present particularly difficult challenges for lawyers given the nature of behavioral ethics—complex and ambiguous ethical rules and standards, agency relationships, the ethos of the adversarial system, the financial and temporal pressures of modern legal practice, positions or feelings of relative status or power, and cues or pressure from others. The psychology we present provides substantial insight into why attorneys sometimes behave unethically, why attorneys may have difficulty curbing or reporting the unethical conduct of their clients or fellow attorneys, and why it is often difficult for attorneys to see and learn from their own ethical missteps and the missteps of others. At the same time, the psychological research also provides insight into why attorneys are often able to resist substantial pressure to act unethically. We draw on the psychological research to make suggestions for how individual attorneys and legal employers can enhance their approach to ethics."

Professor Sternlight serves as the Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at Boyd School of Law. Nationally and internationally recognized for her scholarship and law reform activities in the field of dispute resolution, Professor Sternlight has co-authored texts on alternative dispute resolution, arbitration, and mediation, and has published numerous articles in many journals including the University of Pennsylvania Law Review, the Stanford Law Review, and Law and Contemporary Problems.

Congratulations, Jean! 

Monday, April 1, 2013

March Issue of Boyd Briefs Released

The Boyd School of Law is very pleased to announce the release of Volume II, Issue 3, of Boyd Briefs.

Issued on a monthly basis, Boyd Briefs provides information about the scholarly and other activities of Boyd faculty members during the previous month. Illustrative entries announce new faculty publications, the drafting of briefs and uniform legislation, submission to administrative agencies of comments on proposed regulations, Clinic victories, the organization and hosting of academic conferences, appointments and elections of Boyd faculty members to local, national, and international boards, offices, and societies, and other honors and awards.

The March 2013 issue of Boyd Briefs announces several new law review articles and other publications, dozens of talks and media references, and a number of other accomplishments and activities. Congratulations, Boyd faculty members!

The Boyd Briefs archives may be accessed here.