American University Law Review

Articles

Vol. 69, No. 4, 2020

Year in Review: The Federal Circuit's 2019 Government Contract Law Decisions
INTRODUCTIONThis year in review discusses many of the U.S. Court of Appeals for the Federal Circuit's most important 2019 government contract decisions, explaining their impact on the overall trajectory of procurement law. In 2019, as usual, government...
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Review of Recent Veterans Law Decisions of the Federal Circuit
INTRODUCTIONIn order to appreciate the significance of the cases discussed below, a brief overview of federal veterans benefits law is beneficial. There are three key features of this unique area of law to understand.First, veterans benefits law is the...
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2019 Patent Law Decisions of the Federal Circuit
introductionIn 2019, the Supreme Court was largely quiet in the realm of patent law, issuing only two rulings on the topic. In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,1 the Supreme Court decided that new wording in the America Invents...
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2019 Trademark Law Decisions of the Federal Circuit
INTRODUCTIONIn 2019, the U.S. Court of Appeals for the Federal Circuit issued five precedential trademark decisions-a slight decline from the seven precedential decisions issued in 2018. The cases consist of appeals from the Trademark Trial and Appeal...
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The Halo Effect: Willful Infringement and Enhanced Damages in Light of Halo
INTRODUCTIONTo punish and deter willful or bad-faith infringement of valid and enforceable patents, infringers found to willfully infringe may face enhanced damages. The patent law system has long permitted treble damages for infringement of a valid...
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2019 International Trade Law Decisions of the Federal Circuit
INTRODUCTIONThe U.S. Court of Appeals for the Federal Circuit has jurisdiction over appeals from a number of administrative bodies, as well as subjectspecific appeals from all U.S. district courts.1 Two significant areas of appeal from district courts...
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The Modernization of Government Contract Appeals and the Federal Circuit
Because appeals from the boards of contract appeals and the Court of Federal Claims involving contract disputes comprise a sliver of the volume of cases heard by the Federal Circuit,1 any government contract decisions issued are of significant import...
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The Complicated Relationship of Patent Examination and Invalidation
INTRODUCTIONIn the United States patent system, three distinct institutions evaluate whether a claimed invention meets the statutory criteria of patentability and therefore warrants patent protection: patent examiners in ex ante examination in the United...
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Vol. 68, No. 4, 2019

Ships in the Night: Resolving Administrative Conflict between FDA- and Patent-Related Legislation
IntroductionDrug pricing invites controversy. As America's population ages, the AARP's voice resonates all the more loudly, particularly in the era of Donald Trump's presidency. Newsworthy flashpoints like the made-for-TV-villain Martin Shkreli1 and...
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2018 International Trade Law Decisions of the Federal Circuit
IntroductionThe U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") is responsible for adjudicating a wide range of subjects-only one of which is international trade.1 Historically, trade cases have occupied an extremely small portion of...
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Trial by Jury: Why It Works and Why It Matters
Many members of this court, me included, have written forewords for this issue of the American University Law Review. We should, given this issue's regular focus on the work of the U.S. Court of Appeals for the Federal Circuit and the consistently high...
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2018 Government Contract Law Decisions of the Federal Circuit
IntroductionIn 2018, the U.S. Court of Appeals for the Federal Circuit issued thirteen precedential opinions in the area of government contracts law. Seven of these decisions consisted of bid protests appealed from the Court of Federal Claims, making...
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Institutional Design for Innovation: A Radical Proposal for Addressing § 101 Patent-Eligible Subject Matter
IntroductionThe United States-the land of innovation-has an innovation problem. Two reports recently published announced that the country has fallen from its previous position as a leader in innovation. One report, the 2018 Bloomberg Innovation Index,...
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2018 Patent Law Decisions of the Federal Circuit
IntroductionThe Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that had a significant impact on patent law. In a major win for patent owners, the Supreme Court's ruling in WesternGeco LLC v. ION Geophysical...
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Vol. 68, No. 3, 2019

DILLON'S RULE: A CHECK ON SHERIFFS' AUTHORITY TO ENTER 287(g) AGREEMENTS
IntroductionWhen the Founding Fathers designed our government, it is unlikely they could have anticipated the strain today's immigration enforcement puts on our federalist system. The intersection between law enforcement and the justice sector across...
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Vol. 68, No. 1, 2018

Using the Public Nuisance Doctrine to Combat Antibiotic Resistance
INTRODUCTION"Most evolving lineages, human or otherwise, when threatened with extinction, don't do anything special to avoid it."-George C. Williams, evolutionary biologist1Obscured by a barrage of meticulously reported modern horrors- the specter of...
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Vol. 67, No. 4, 2018

2016 International Trade Law Decisions of the Federal Circuit
INTRODUCTIONThe 2016 term for appeals from the U.S. Court of International Trade (CIT) to the U.S. Court of Appeals for the Federal Circuit was an exciting term. As is the case in most other years, appellants faced the substantial challenge of circumventing...
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2017 International Trade Law Decisions of the Federal Circuit
INTRODUCTIONThe 2017 term of the U.S. Court of Appeals for the Federal Circuit included fourteen precedential appeals from the Court of International Trade (CIT). Many of these cases turned on the same issues analyzed in Federal Circuit cases in prior...
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Federal Circuit Jurisdiction: Looking Back and Thinking Forward
This Foreword will focus on a subject near and dear to my heart: Federal Circuit jurisdiction. This is a topic of some importance that has not, in recent years, received the attention it deserves. The views expressed are my own and in no way attributable...
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2017 Government Contract Law Decisions of the Federal Circuit
INTRODUCTIONDue to structural, procedural, and practical considerations, the government contracts portion of the U.S. Court of Appeals for the Federal Circuit's docket is relatively modest. The Circuit typically issues fewer than twenty precedential...
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2017 Trademark Law Decisions of the Federal Circuit
INTRODUCTIONIn 2017, the Federal Circuit again championed the First Amendment and the freedom of trademark owners to register marks that the U.S. Patent and Trademark Office (USPTO) had previously deemed unfit to print. The court fully embraced the Supreme...
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2017 Patent Law Decisions of the Federal Circuit
INTRODUCTIONThe U.S. Court of Appeals for the Federal Circuit's patent law decisions in 2017 reflected significant development of the legal landscape. The Federal Circuit decided many novel questions implementing the Supreme Court's decision regarding...
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Vol. 67, No. 1, 2017

"No Ordinary Lawsuit": Climate Change, Due Process, and the Public Trust Doctrine
"I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society. "-Judge Ann Aiken1IntroductionWith no little irony, as humanity attempts to reverse course before plunging over a climate...
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Fundamentally Unfair: Databases, Deportation, and the Crimmigrant Gang Member
Introduction"That's why, over the past six years, deportations of criminals are up [eighty] percent. And that's why we're going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang...
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Vol. 65, No. 3, 2016

How Dramatic Shifts in Perceptions of Parenting Have Exposed Families, Free-Range or Otherwise, to State Intervention: A Common Law Tort Approach to Redefining Child Neglect
INTRODUCTIONA fundamental right guaranteed by our Constitution is the right for parents to raise their children as they see fit without state intervention.1 However, parenting standards in the United States have shifted dramatically in recent years,...
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