Boston College Law Review

Articles from Vol. 53, No. 1, January

All Your Base Are Belong to Us: Towards an Appropriate Usage and Definition of the "Entire Market Value" Rule in Reasonable Royalties Calculations
IntroductionPatentees in recent years have wielded the entire profits of infringing products at trial to receive gargantuan reasonable royalty patent damage awards from juries, out of proportion to the patented technologies' contributions to those products.1...
An Economic Perspective on Preemption
IntroductionAfter decades of case law and commentary,1 preemption remains a controversial topic. It has been viewed as part of a program to federalize substantial pieces of state law,2 as a device through which federal government power expands,3 and...
An Empirical Analysis of Fair Use Decisions under the Uniform Domain-Name Dispute-Resolution Policy
INTRODUCTIONBecause domain names are valuable commodities,1 trademark owners attempt to control domain names that incorporate their trademarks. Sometimes they do this by preemptively "buying up" domain names that disparage their companies or executives,...
Forecasting Disruption, Forfeiting Speech: Restrictions on Student Speech in Extracurricular Activities
IntroductionAt a basketball game in February 2009, Silsbee High School officials gave sixteen-year-old H.S., a female student and cheerleader, a choice: cheer by name for basketball star Rakheem Bolton or leave the game.1 Four months prior, in October...
IN SEARCH OF LIMITING PRINCIPLES: THE ELEVENTH CIRCUIT INVALIDATES THE INDIVIDUAL MANDATE IN FLORIDA V. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
IntroductionOn March 23, 2010, following nearly a year of debate in Congress and decades of political wrangling over proposals for universal health care, President Obama signed into law the Patient Protection and Affordable Care Act ("Affordable Care...
Moving Away from Certainty: Using Mediation to Avoid Unpredictable Outcomes in Relocation Disputes Involving Joint Physical Custody
IntroductionIn Bleak House, Charles Dickens's narrator remarked that any honorable practitioner in the Court of Chancery1 should warn clients, "Suffer any wrong that can be done to you, rather than come here!"2 Indeed, when the courts are asked to rule...
Quality, Not Quantity: The Implications of Redefining Insurance Neutrality in in Re Global Industrial Technologies, Inc
IntroductionIn Chapter 11 bankruptcy proceedings, a debtor's plan of reorganization affects many parties other than the debtor itself.1 Thus, standing is a critical issue in bankruptcy proceedings, as it determines an entity's ability to ensure that...
Regulation by Third-Party Verification
IntroductionRegulatory failure makes headlines. Outbreaks of food borne illness show that regulators have failed to act on information they have or should have had about poor food safety practices.1 Investigative reporting on water pollution enforcement...
The Transformation of American Energy Markets and the Problem of Market Power
IntroductionInstitutions shape markets,1 and that has certainly been true of energy markets. Throughout most of their history, American energy markets have been regulated using a combination of antitrust law and public utility law: the former has predominated...
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