CUA Law in the News, January, 2010
Professor Amanda Leiter’s
November 2009 argument before the U.S. Supreme Court in Kucana v. Holder
was the subject of the “Courtside” column in the Jan. 25, 2010 issue of the National Law Journal.
As a former law clerk to Justice John Paul Stevens, Leiter had been asked by the court to advance an “orphaned” argument in the case, in order to make sure that all sides of the issue were fully aired before the justices.
The justices officially rejected her arguments 9-0 on Jan. 25, an outcome that did not disappoint Leiter, as she had expected the result from the moment she picked up the Seventh Circuit opinion that she’d been assigned to defend. Moreover, the Court’s opinion “accords with her worldview” – that judicial review of agency action is important and should be widely available. “Overall, I really enjoyed the experience and hopes to have another chance to argue before the Court – and maybe even to get a vote or two,” said Leiter.
Professor Elizabeth Winston’s forthcoming article in the University of Tennessee Law Review, "The Flawed Nature of the False Marking Statute," explores a section of patent law that has rarely been addressed by the courts. Since it’s posting to the Social Science Research Network (SSRN) the article has been blogged about on the nation’s most widely read patent law blog, Patentlyo.
Winston discusses problems in court interpretations of the false marking statute 35 U.S.C. § 292.
Winston has argued that intent to deceive should be presumed.
These posts have also led to an interview for Professor Winston with Inside Counsel on the subject of false marking, which is scheduled to be published in March.
A different version
of the same work, also arguing for Bernanke's reappointment, was submitted to and accepted by "Jurist," a portal for law professors administerd by the law school at the University of Pittsburgh.