Yakima Herald-Republic articles from October 2007

Yakima Herald-Republic archives from October 2007

The untimely death of Bush v. Gore.
October 1, 2007... INTRODUCTION I. BUSH V. GORE'S FAILURE TO IGNITE ELECTION ADMINISTRATION REFORM THROUGH LITIGATION II. THE RISE OF PARTISAN ELECTION ADMINISTRATION LAWS AND THE TROUBLING PUBLIC CONFIDENCE GAP III. MISLEARNING THE LESSONS OF...

Rethinking patent law's presumption of validity.
October 1, 2007... INTRODUCTION: THE "BAD PATENT" PROBLEM I. THE PRESUMPTION TODAY A. Deference to the PTO B. Patent Certainty II. LAYERED PRESUMPTIONS A. Eliminate the Clear and Convincing Evidence Presumption B. Gold-Plated...

Discrimination at will: job security protections and equal employment opportunity in conflict.
October 1, 2007... INTRODUCTION I. TITLE VII AND EMPLOYMENT AT WILL: AN UNEASY COEXISTENCE A. Title VII's Goal: Equal Employment Opportunity B. Employment at Will and Its Limits C. Employment at Will and Title VII Litigation II. THE...

The cognitively illiberal state.
October 1, 2007... INTRODUCTION I. THE CULTURAL COGNITION OF HARM II. THE PROBLEM OF COGNITIVE ILLIBERALISM A. "Culture Wars ": Facts, Not Values B. Now You See It, Now You Don't 1. Sodomy and drugs 2. Guns 3....

If people would be outraged by their rulings, should judges care?
October 1, 2007... INTRODUCTION I. INVALIDATIONS AND CONSEQUENCES A. The Problem B. Kantian Adjudication C. Interpretive Theories and Consequences D. Passivity, Minimalism, and Deference E. Consequentialism 1....

Well, should they? A response to 'If people would be outraged by their rulings, should judges care?' (response to article by Cass R. Sunstein in this issue, p. 155)
October 1, 2007... INTRODUCTION I. MINIMALISM MEETS CONSEQUENTIALISM A. Consequentialism (Sort of) Defended B. The Need for a Normative Account II. THE SIREN SONG OF THE CONDORCET JURY THEOREM A. Limitations of the Epistemic Reason B....

On avoiding foundational questions: a reply to Andrew Coan.(response to article in this issue, p. 213)
October 1, 2007... In both legal practice and legal scholarship, it is sometimes best to proceed without attempting to answer the foundational questions. Originalists can inquire into the original public meaning of the Equal Protection Clause without defending...

The American Choice-of-Law Revolution in the Courts: Past, Present and Future.(Book review)
October 1, 2007... THE AMERICAN CHOICE-OF-LAW REVOLUTION: PAST, PRESENT AND FUTURE. By Symeon C. Symeonides. Martinus Nijhoff Publishers, 2006. 478 pp. $182.00 INTRODUCTION I. THE REVOLUTION II. HIDDEN PATTERNS TODAY AND A RETURN TO RULISM TOMORROW?...

Patentee overcompensation and the entire market value rule.
October 1, 2007... INTRODUCTION I. PATENT DAMAGES FOR COMPONENT INVENTIONS A. General Standards for Patent Infringement Damages B. The Apportionment Requirement C. The Evolution of the Entire Market Value Rule II. THE CASE FOR...