The academy, politicians, and environmental law nerds have been abuzz the last few days about the possibility of President Bush putting forward a climate change policy showing significant movement from his prior positions. I guess we can all harbor hope. If one was expecting any major policy pronouncement, however, one would have been sorely disappointed with yesterday’s Rose Garden ceremony.
Continue Reading...I hope not, but that is one risk created by the Supreme Court’s decision in the Ebay case and by the actions of some courts who have denied permanent injunctions in successful infringement cases. But the fact that a permanent injunction does not issue after a judgment of infringement does not mean that the infringer (by losing the case) obtains a right to use the patent owner’s property in the future. It simply means that the court declined to add the coercive force of an injunction to the statutory right to exclude as to future infringing conduct.
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Public Citizen's Watchdog Blog discusses a new report that concludes that arbitrators rule for business between 94 and 97 percent of the time.
In a nutshell, [binding mandatory arbitration] is a private, corporate-dominated secret "court" that overwhelmingly rules against consumers. In this world, merely by signing your name on the dotted line, you have forfeited your right to a trial by jury. If someone steals your identity and runs out to buy a $4,000 plasma TV – and the credit card company wants YOU to pay for it – the dispute will automatically bypass the public civil justice system. Instead, it goes straight to an arbitrator who may have heard thousands of cases for that same credit card company.
I am among the many critics who have assailed consumer arbitration. This report documents how consumer arbitration is designed not to offer an alternative forum, but rather to deny consumers their legal rights.
Many industries function under technological standards that shape the technology, the products, and the focus of competition. But standards-setting groups have become competition focuses themselves, such as in the debate about “open document” versus “open xml” as a standard.
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George W. Bush became governor of Texas in 1994, when he upset the popular incumbent, Ann Richards. The following September, my client, Carl Johnson, was scheduled for execution.
Continue Reading...We wake up one morning and discover that a question we have been asking for the last decade or two may now be the wrong one. The question was: how can we use law to enable businesses to use e-commerce? The question now seems to be: how can we shape law to support e-commerce without over-regulating it?
Continue Reading...Can you be an environmentalist and a business supporter at the same time? Environmental groups believe it’s possible, even after decades of litigation and open warfare with business interests.
Continue Reading...Darren, the Stracher piece is a mild call for a corrective to a skewed educational system. Yes, there are occasions for intellectual debate in the law. But they are rare, compared to other things.
Continue Reading...I read Stracher’s piece this morning, and was devastated to discover that being a lawyer is not about intellectual debate.
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Darren Bush is an Assistant Professor of Law at the University of Houston Law School. Education background includes: B.A. (Economics), 1991, Californ...More...
Professor Dow joined the University of Houston Law Center faculty in 1988. He graduated with a B.A. in History from Rice University, and earned his M....More...
Professor Paust has written several books and over 150 articles and essays addressing a wide array of international legal issues. He is often asked to...More...
Dean Ray Nimmer, the Leonard H. Childs Professor of Law, helped build the Law Center's Intellectual Property & Information Law Institute into one of t...More...
Richard M. Alderman is the Associate Dean for Academic Affairs at the University of Houston Law Center, where he holds the Dwight Olds Chair in Law an...More...
Professor Sandra Guerra Thompson is a graduate of Yale University, where she earned a B.A. in Economics in 1985 and a J.D. from the Yale Law School in...More...
Victor B. Flatt is a nationally recognized expert in environmental legal and policy matters and gay and lesbian legal issues....More...Enter keywords:
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