Monday, May 17, 2010

Bilski was Argued More than 6 Months Ago : The Lag Time from Oral Argument is now Longer than for Any Other Recent Patent Decision : Is this the Sign of a Landmark Decision in the Offing?

In Another Day Without Bilski Decision, Gene Quinn at IPWatchdog, Inc. notes that it has already been 6.29 months since the orgal argument in Bilski and still no Supreme Court decision has been issued.

Quinn lists the most recent Supreme Court opinions in patent cases by date of oral argument and date of opinion pointing out that KSR v. Teleflex, which Quinn calls "easily the most fundamentally important patent decision issued by the Supreme Court over at least the last generation" had a lag time of 5.07 months from oral argument to issuance of the opinion.

Bilski would appear to be a coming landmark decision in patent law.

Green Inc. column - Gap in Rules on Oil Spills From Wells - NYTimes.com

Green Inc. column - Gap in Rules on Oil Spills From Wells - NYTimes.com

Superman and the Law : Kryptonite Powered Copyright Trolls?

Warner Brothers Sues Lawyer ‘Superman’ Creators’ Lawyer - NYTimes.com

Elena Kagan Legal Scholarship Online : Articles in University of Chicago Journals (PDFs) : Our Conclusion: Senate Confirmation Process Features Motives of the Senators Rather than the Qualifications of Judges

At the University of Chicago Law School news article titled Former Professor Elena Kagan Nominated to Supreme Court the top right column of that web page presents links to three scholarly articles by Elena Kagan in University of Chicago Journals (PDFs) from which LawPundit has chosen the short excerpts found below:

1996. Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, University of Chicago Law Review.
"I contend not that the Court self-consciously constructed First Amendment doctrine to ferret out improper motive, but that for whatever uncertain, complex, and unknowable reasons, the doctrine reads as if it had been so constructed."
1995. Confirmation Messes, Old and New, University of Chicago Law Review (book review).
"We must ... remind ourselves to view the Court as the profoundly important governmental institution that, for good or for ill, it has become and, correlatively, to view the position of Justice as both a seat of power and a public trust."
1993. Regulation of Hate Speech and Pornography After R.A.V, University of Chicago Law Review.
"When the Court establishes a low-value category, such as obscenity, it determines that the harms caused by the covered speech so outweigh its (minuscule) value that regulation of the speech, even if viewpoint discriminatory, will be permitted....

[But] the hard question remains: should the Court accept pornography or hate speech as a low-value category of expression? The currently recognized categories of lowvalue speech seem to share the trait, as Cass Sunstein writes, that they are neither "intended [nor] received as a contribution to social deliberation about some issue."
Kagan's publications show a depth of analysis and a talent for understanding complex issues that are actually quite refreshing. This is a woman of extremely high intelligence who will have little problem with the job of being a Supreme Court Justice, nor will she be a radical judge -- as her approach to the analysis of legal issues is simply too prudent for that.

Kagan's own writings about "motives" also show us how to properly assess partisan criticism of her Supreme Court nomination, i.e. not, "what are the issues raised by the detractors?" -- issues which are a mere smoke screen -- but rather "what are the "motives" of the detractors?"

Indeed, an analysis of the motives of the Senators who will vote on her nomination will give us a much better understanding of the confirmation process than a review of a candidate's qualifications. This in itself is an indictment of the confirmation process as presently conducted as regards Supreme Court Justices. Not the "qualifications" of judges -- but rather, the motives of the Senators -- are on display. It is a political show.

U-M Law School offers website, faculty expertise on Supreme Court nomination

U-M Law School offers website, faculty expertise on Supreme Court nomination

By the People | A Citizen-Led Conversation - Engaging the World - America.gov

By the People | A Citizen-Led Conversation - Engaging the World - America.gov

Law & Order on Television at NBC Cancelled But TV Spinoffs Survive : Impact of Law in the Actual World?

The Telegraph writes that one of the longest running series on US television
Law & Order has been cancelled by NBC. However:
"NBC said it had ordered a new series - Law & Order: Los Angeles - while it has also renewed Law & Order: Special Victims Unit for another season. Another spinoff, Law & Order: Criminal Intent, starring Jeff Goldblum, is also on air, while Law & Order: UK, debuted on ITV last year."
Has anyone researched to what degree television law programming reflects developments in the actual legal world?

Not Everything We Believe is True : Top 5 Lawyer Myths

Lawyer Coach examines Top 5 myths lawyers tell themselves.

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