This Article was prepared for the Ted Schneyer Ethics Symposium: Lawyer Regulation for the 21st Century held at the University of Arizona James E. Rogers College of Law in January 2011. Despite its obvious importance to the content and legitimacy of a state's rules of legal ethics, the process...

This paper reviews Alice v. CLS Bank’s impact seven years after its issuance and examines the 30 Federal Circuit cases (including their exemplary patent claims) that found eligibility upon Alice challenges. The Alice invalidation rates at the Federal Circuit (79%) and district courts (51.8%)...

The Supreme Court's 2012-2013 Term likely will be remembered best for the Justices' landmark ruling in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act, and for the jurisdictional ruling in Hollingsworth v. Perry that helped to reopen the door for same-sex...

This essay, which stems from our work as Co-Reporters for the ABI's National Ethics Task Force Report, discusses how bankruptcy lawyers might want to adjust their fee applications in Chapter 11 cases in which a fee examiner has been appointed

Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of...

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

This paper analyzes United States v. Arthrex, in which the Supreme Court found PTAB judges (sometimes dubbed as the “patent death squad”) unconstitutionally appointed in violation of the Appointments Clause, along with its broader political and congressional impact ex ante. In particular,...

This article explores the “Squeaky Wheel System” (“SWS”) in business-to-consumer (“B2C”) contexts, referring to merchants’ reservation of purchase remedies and other contract benefits for only the relatively few “squeaky wheel” consumers who have the requisite information and...

Each party in international commercial arbitration holds a number of fundamental rights, in particular the right to equal treatment and the right to an adequate opportunity to present its case, including the right to counsel of choice. A further fundamental right is that arbitral tribunals be...

Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that...