Dean Osborne Speaks at UNT Annual Open Access Symposium

May 21, 2015 Leave a comment
Caroline Osborne

Caroline Osborne

Assistant Dean for Legal Information Services and Professor Legal Research Caroline Osborne recently spoke at the University of North Texas Annual Open Access Symposium.  The event was held on May 18 and 19, 2015 at the UNT Dallas College of Law and titled “Open Access, the Law, and Public Information.”

The 2015 symposium examined aspects of how the law relates to the open access movement, including copyright law, privacy law, access to government information, and access to and use of legal literature online.  Dean Osborne presented a program, “The Open Access Advantage for American Law Reviews” with Carol Watson of the University of Georgia and James Donovan of the University of Kentucky.

Professor Bruner Speaks at Queen Mary University of London

May 15, 2015 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

Washington and Lee Law Professor Christopher Bruner spoke at a conferenced titled “Understanding the Modern Company,” hosted by the Centre for Commercial Law Studies at Queen Mary University of London.  The event, co-sponsored with University College London on May 9, 2015, brought together “scholars from around the world to explore the nature and function of companies,” aiming to “develop a normative approach to understanding the modern company.”  Professor Bruner presented a working paper titled “The Corporation’s Intrinsic Attributes” as part of a panel exploring comparative and historical perspectives on the modern corporate form.

Professor Franck speaks at Center for Transnational Legal Studies in London

May 5, 2015 Leave a comment
Prof. Susan Franck

Prof. Susan Franck

Washington and Lee law professor Susan Franck recently spoke at the Center for Transnational Legal Studies in London.  The event, International Economic law and the Challenge of Global Inequality was held on April 17-18, 2015 at King’s College.

Professor Franck participated on a panel discussing international investment law with other experts in the field.

The organization used Twitter to share details of the event including Professor Franck’s remarks and photos of participants: https://twitter.com/ctls_london

 

Dean Osborne wins Outstanding Article Award from AALL

April 29, 2015 Leave a comment
Caroline Osborne

Caroline Osborne

Assistant Dean of Legal Information Services and Professor of Legal Research, Caroline Osborne has been awarded the Outstanding Article Award from the American Association of Law Libraries’ Academic Law Libraries Special Interest Section.  Her article “The Open Access Advantage for American Law Reviews” appears in 3A Edison: Law and Technology 1 (2015) (with J. Donovan and C. Watson).

From the abstract:

Open access legal scholarship generates a prolific discussion, but few empirical details have been available to describe the scholarly impact of providing unrestricted access to law review articles. The present project fills this gap with specific findings on what authors and law reviews can ex- pect.

Articles available in open access formats enjoy an advantage in citation by subsequent law review works of 53%. For every two citations an article would otherwise receive, it can expect a third when made freely available on the Internet. This benefit is not uniformly spread through the law school tiers. Higher tier journals experience a lower OA advantage (11.4%) due to the attention such prestigious works routinely receive regardless of the format. When focusing on the availability of new scholarship, as compared to creating retrospective collections, the aggregated advantage rises to 60.2%. While the first tier advantage rises to 16.8%, the mid-tiers skyrocket to 89.7%. The fourth tier OA advantage comes in at 81.2%.

Citations of legal articles by courts is similarly impacted by OA availability. While the 15-year aggregate advantage is a mere 9.5%, new scholarship is 41.4% more likely to be cited by a court decision if it is available in open access format.

Professor Seaman Presents at PatCon5

April 21, 2015 Leave a comment
Prof. Christopher Seaman

Prof. Christopher Seaman

Washington and Lee law professor Christopher Seaman presented a current work-in-progress, Property vs. Liability Rules in Patent Litigation Post-eBay: An Empirical Study, at the Fifth Annual Patent Conference (PatCon5) at the University of Kansas School of Law on April 11-12, 2015.  The Patent Conference is the largest annual conference for patent scholars in the world.

From the Abstract:

In this paper, I empirically assess the impact of the Supreme Court’s decision in eBay, Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), on grants of permanent injunctions or, in the alternative, ongoing royalty awards, in patent litigation.

Prior to eBay, the Federal Circuit established a “general rule” granting injunctive relief after entry of a final judgment that the asserted patent was valid and infringed. Id. at 391. Overcoming this presumption required a significant showing of public harm that outweighed the patentee’s irreparable harm. In practice, however, this rarely occurred, and district courts routinely granted injunctions after a finding of infringement.

In eBay, the Supreme Court unanimously rejected the Federal Circuit’s “general rule” in favor of injunctive relief, instead holding that trial courts must apply “traditional equitable principles” in the form of a four-factor test. Id. at 391-94. However, in concurring opinions, Chief Justice Roberts and Justice Kennedy offered seemingly divergent assessments regarding eBay’s likely impact in patent litigation. Chief Justice Roberts suggested that trial courts would continue to grant injunctive relief after a finding of infringement in “the vast majority of patent cases,” id. at 395, whereas Justice Kennedy asserted that injunctive relief may be inappropriate in situations that differed from traditional patent litigation, such as suits by non-practicing entities (NPEs) and cases involving business method patents. Id. at 396.

To test these predictions, as well as several other hypotheses about injunctive relief post-eBay, I am empirically studying all district court decisions where the patentee requested a permanent injunction following a finding of infringement (excluding uncontested injunctions) from the date of the eBay decision through the end of 2013. Each case is being coded for a number of variables that may have affected district courts’ decisions regarding whether to grant or deny injunctive relief, including the technological field of the asserted patent(s), whether the parties are competitors in a product market, and whether the accused infringer was found to have willfully infringed the patent. A summary of the results and data analysis from this empirical study will be presented at the conference.

 

 

Professor Bruner Speaks at the University of Washington

April 17, 2015 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

Washington and Lee Law Professor Christopher Bruner presented his current book project on the role of small jurisdictions in cross-border corporate and financial services at the University of Washington School of Law on Thursday, April 16.  Titled “Market-Dominant Small Jurisdictions in a Globalizing Financial World,” the workshop was a part of UW’s Faculty Colloquium Series.

Prof. Shannon Debates the Merits of “Issue Conflicts” in International Arbitration at the ASIL Annual Meeting

April 17, 2015 Leave a comment
Prof. Victoria Shannon

Prof. Victoria Shannon

On Thursday, April 9, Professor Victoria Shannon debated the merits of arbitrator disqualification due to “issue conflicts” during a session entitled “ASIL-ICCA Task Force on Issue Conflicts in International Arbitration: Briefing and Discussion” at the American Society of International Law (ASIL) Annual Meeting in Washington, DC.  The term “issue conflicts” refers to the increasing number of proposals to disqualify arbitrators in international arbitration disputes on the ground of bias arising from views expressed in prior decisions and scholarship. ASIL and the International Council for Commercial Arbitration (ICCA) created a joint task force to explore the question of “issue conflicts” with the aim of developing some form of guidance for the international arbitration community. The Task Force has finalized its draft report, which is now posted on the websites of ASIL and ICCA for comments. This session at ASIL featured a mock debate about the merits of “issue conflicts” in which Professor Shannon served as one of the debaters.  The session also invited participants in the ASIL Annual Meeting to comment on and discuss the draft report.

Categories: Shannon, Victoria
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