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Professor Seaman’s New Paper Featured on SSRN and Top Legal Blogs

August 17, 2015 Leave a comment
Prof. Christopher Seaman

Prof. Christopher Seaman

Washington and Lee law professor Christopher Seaman’s new paper Permanent Injunctions in Patent Litigation After eBay: An Empirical Study, was recently posted on SSRN and is listed in numerous Top Ten lists of most downloaded new articles, including Intellectual Property Law, Innovation Law and Policy, Experimental and Empirical Studies, and Judgments and Remedies

The article was also recently featured in posts on Patently-O, an influential patent law blog, Written Description, Legal Theory Blog, Empirical Legal Studies Blog, and Comparative Patent Remedies Blog.

From the abstract:

The Supreme Court’s 2006 decision in eBay v. MercExchange is widely regarded as one of the most important patent law rulings of the past decade. Historically, patent holders who won on the merits in litigation nearly always obtained a permanent injunction against infringers. In eBay, the Court unanimously rejected this “general rule” that a prevailing patentee is entitled to an injunction, instead holding that lower courts must apply a four-factor test before granting such relief. Almost ten years later, however, significant questions remain regarding how this four-factor test is being applied, as there has there has been little rigorous empirical examination of eBay’s actual impact in patent litigation.

This Article helps fill this gap in the literature by reporting the results of an original empirical study of contested permanent injunction decisions in district courts for a 7½ year period following eBay. It finds that eBay has effectively created a bifurcated regime for patent remedies, where operating companies who compete against an infringer still obtain permanent injunctions in the vast majority of cases that are successfully litigated to judgment. In contrast, non-practicing entities almost always are denied injunctive relief. These findings are robust even after controlling for the field of patented technology and the particular court that decided the injunction request. It also finds that permanent injunction rates vary significantly based on patented technology and forum. Finally, this Article considers some implications of these findings for both participants in the patent system and policy makers.

 

 

Professor Bruner’s Book Reviewed in the Business Ethics Quarterly

August 12, 2015 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

A review of Washington and Lee law professor Christopher Bruner’s book, Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, has been published by the Business Ethics Quarterly. The review was authored by Anita Anand, Professor of Law and Academic Director of the Centre for the Legal Profession at the University of Toronto Faculty of Law, and William Muir, a former Editor-in-Chief of the University of Toronto Faculty of Law Review who was a research assistant for Professor Anand.

Professor Bruner’s book, published in 2013 by Cambridge University Press, examines the corporate governance powers possessed by shareholders in the U.S. and other common-law countries. Bruner finds, contrary to popular belief, that shareholders in the U.K. and other common-law jurisdictions are both more powerful and more central to the aims of the corporation than are shareholders in the U.S. Bruner’s theory is that relatively robust social welfare protections in countries like the U.K., Australia and Canada have freed up their corporate legal systems to focus more intently on shareholder interests without giving rise to “political backlash” – because other legal structures accommodate the interests of employees.

In their review, Anand and Muir conclude that Bruner’s book “offers a unique and welcomed approach to the study of comparative corporate governance,” elaborating that:

Christopher Bruner is to be commended for his thorough survey of corporate governance theories and the wealth of historical information about the sociopolitical circumstances surrounding the formation of each of the four common-law countries’ governance regimes. Bruner’s explanation and historical analysis of the pivotal position of labor is an original lens through which to examine corporate governance in common-law countries….  Without doubt, Corporate Governance in the Common-Law World is a highly commendable work and provides an excellent counterpart for further empirical investigation.

The complete review is available here.  Read more about Professor Bruner’s scholarship here.

Professor Bruner’s Book Reviewed in the Cambridge Law Journal

July 7, 2015 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

A review of Washington and Lee law professor Christopher Bruner’s book, Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, has been published by the Cambridge Law Journal. The review was authored by Dr. Marc Moore, Reader in Corporate Law at the University of Cambridge Faculty of Law.

Professor Bruner’s book, published in 2013 by Cambridge University Press, examines the corporate governance powers possessed by shareholders in the U.S. and other common-law countries. Bruner finds, contrary to popular belief, that shareholders in the U.K. and other common-law jurisdictions are both more powerful and more central to the aims of the corporation than are shareholders in the U.S. Bruner’s theory is that relatively robust social welfare protections in countries like the U.K., Australia and Canada have freed up their corporate legal systems to focus more intently on shareholder interests without giving rise to “political backlash” – because other legal structures accommodate the interests of employees.

In his review, Dr. Moore concludes that Bruner’s “outstanding work represents a highly innovative and influential contribution” to the growing body of socio-political literature on corporate law.  Moore elaborates:

[T]his book is a work of monumental significance and scholarly craft. It is impeccably researched, beautifully written, and its claims are both forceful and highly persuasive. It is an absolute must for anyone seeking to form a holistic understanding of how corporate law and governance relate to their broader social-institutional context, as well as an excellent primer on the key comparative features of the world’s principal common law systems. In writing this pioneering work, Bruner has undoubtedly earned the right to sit at the very top table of international corporate law scholarship. One can only hope that future research in the field will advance this fascinating line of enquiry yet further.

The complete review is available here.  Read more about Professor Bruner’s scholarship here.

Professor Drumbl Lectures on Child Soldiers, Delayed Justice

June 11, 2015 Leave a comment

Flyer mark drumblIn late April, Washington and Lee law professor Mark Drumbl gave a lecture at the University of Cologne entitled “Thinking Twice About Child Soldiers,” which addressed a number of arguments made in a CNN op/ed and also a blog post. In May, he taught a course on public international law held at Herstmonceaux Castle, in southern England near Hastings and  traveled to the Czech Republic to give a public lecture on “Atrocity Then, Trials Now: The Value of Delayed Justice.” This talk, delivered at Masaryk University School of Law, examined the justifications for prosecuting 93 year-old Oskar Groening, who is currently on trial in Germany and who had served as the accountant and bookkeeper at Auschwitz in the 1940’s.

Finally, in June Drumbl gave a lecture to lawyers at the Department of Justice on evidentiary challenges in securing convictions under the US Child Soldiers 1Accountability Act, which gives US courts the ability to prosecute individuals who unlawfully recruit children under the age of fifteen into armed forces or armed groups anywhere in the world.

Professor Bruner Speaks at the University of Hong Kong

June 11, 2015 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

On Tuesday, June 9, Washington and Lee Law Professor Christopher Bruner spoke at the University of Hong Kong on his current book project examining the role of small jurisdictions in cross-border corporate and financial services, titled Market-Dominant Small Jurisdictions in a Globalizing Financial World (forthcoming, Oxford University Press).  The seminar was sponsored by the Asian Institute of International Financial Law, a research center of UHK’s Faculty of Law, where Professor Bruner has pursued his research on Hong Kong’s financial center as a Visiting Fellow.

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.

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