Authoruclalaw

This Comment argues that the First Amendment should be used as a lens for determining whether something is a “natural phenomenon” for purposes of patent law. Patent law does not permit patents over natural phenomena; yet the U.S. Patent and Trademark Office (USPTO) has allowed patents over items that appear to be natural phenomena. Gene patents are one example. This Comment argues that genomic...

Though Federal Rule of Civil Procedure 19 might appear to be one of the more esoteric of the Federal Rules, it is actually an exceptionally powerful device: It permits defendants to obtain dismissal of cases over which the court has valid jurisdiction, even when no other forum exists in which the action can be brought. This Article argues that, while Rule 19 was originally intended to facilitate...

The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts’ longstanding acceptance of forensic science...

Asked to comment on a collective discussion paper by Jennifer L. Mnookin et al., this Commentary identifies difficulties the authors encountered in defining or agreeing on the subject matter “forensic science” and its perceived deficiencies. They conclude that there is a need for a research culture, whereas this Commentary calls for the development of a forensic science culture through the...

The National Academy of Sciences’ call for change in forensic sciences will not be successful until lawyers fairly bring these standards to the attention of the courts, and the judges, both district and appellate, rigorously enforce them.

A number of articles written over the past two years have addressed the need to strengthen forensic science, not only in the United States but internationally. Most have focused on the National Research Council of the National Academy of Sciences’ (NAS) February 2009 report entitled Strengthening Forensic Science in the United States: A Path Forward. In looking for solutions to problems we all...

This Comment addresses the threat posed to the bankruptcy process by creditors whose true economic incentives are not aligned with their disclosed claims. Under current bankruptcy law, these so-called “empty creditors” may actively participate in the debtor’s reorganization without ever disclosing their real economic interests. This Comment begins by exploring the extent to which empty creditors...