Owning a Piece of the Cloud: Intellectual Property and Consumer Protection
Catherine Schroeder 83 GEO. WASH. L. REV. 240 The goods purchased by consumers today are increasingly digital or electronic in nature, with copyrighted components becoming commonplace in many industries. This situation has created a conflict between intellectual property rights and consumer property rights. The enforcement of intellectual property rights, and the introduction of measures designed... Read More
Section 1983 and Horizontal Inequities: Addressing the Disparate Application of the Supreme Court’s § 1983 Preclusion Jurisprudence to Similarly Situated Litigants
Brentley Smith 83 GEO. WASH. L. REV. 273 Currently, the Supreme Court’s jurisprudence as to § 1983 preclusion by federal statutes has lead to varying results in application amongst the federal district and circuit courts. The confusion has lead to an incentive for plaintiffs to bring additional claims under § 1983, which can lead to... Read More
Young v. United Parcel Service
Response by Professor Naomi Cahn & Professor June Carbone | Geo. Wash. L. Rev. Docket (Oct. Term 2014) Young v. United Parcel Service, Inc., 575 U.S. ___ (2015). | Docket No. 12-1226; decided March 25, 2015 Slip Opinion | NY Times | SCOTUSblog At the core of the Court’s decision in Young v. United Parcel Service... Read More
Announcing the Volume 84 Editorial Board
The Law Review is very proud to introduce the new Editorial Board of Volume 84. As of March 24, 2015, The George Washington Law Review has transitioned from the leadership of Vol. 83 to the leadership of Vol. 84. These incoming editors were selected by their predecessors on the basis of interviews and a rigorous... Read More
Professor Osenga’s Article is Selected for the Intellectual Property Law Review 2015
The George Washington Law Review is exceedingly proud to announce that Professor Kristen Osenga’s article Debugging Software’s Schemas has been selected for publication in the 2015 edition of the Intellectual Property Law Review. Professor Osenga published with the Law Review in Volume 82, Number 6, our symposium edition, Cracking the Code: Ongoing Section 101 Patentability... Read More
George Washington Law Review Cited by the Supreme Court
The George Washington Law Review is extremely excited to announce the Supreme Court’s recent citation of one of our articles in Perez v. Mortgage Bankers Association, 575 U.S. ___ (2015). The majority opinion, written by Justice Sotomayor and released March 9, 2015, cited John F. Manning, Nonlegislative Rules, 72 Geo. Wash. L. Rev. 893... Read More
The Supreme Court Saps Patent Certainty
The Honorable Paul R. Michel · November 2014 82 GEO. WASH. L. REV. 1751 (2014) This piece is based on the keynote address delivered at The George Washington Law Review‘s symposium entitled “Cracking the Code: Ongoing Section 101 Patentability Concerns in Biotechnology and Computer Software” on November 15, 2013.
Competing Visions of Patentable Subject Matter
Tun-Jen Chiang · November 2014 82 GEO. WASH. L. REV. 1858 (2014) Although many people disagree about whether various types of subject matter (e.g., human genes, diagnostic tests, or business methods) are or should be patentable, they ostensibly agree on the overarching framework within which the issue is analyzed. Almost everyone in legal debates—in courts... Read More
Debugging Software’s Schemas
Kristen Osenga · November 2014 82 GEO. WASH. L. REV. 1832 (2014) The analytical framework being used to assess the patent eligibility of software and computer-related inventions is fraught with errors, or bugs, in the system. A bug in a schema, or framework, in computer science may cause the system or software to produce... Read More
Patent Eligibility Post-Myriad: A Reinvigorated Judicial Wildcard of Uncertain Effect
Christopher M. Holman · November 2014 82 GEO. WASH. L. REV. 1796 (2014) In the 1970s and early 1980s, the U.S. Supreme Court issued several landmark decisions establishing the contours of patent eligibility—a judicially created doctrine that serves as a gatekeeper to prevent the patenting of subject matter deemed so fundamental as to be better... Read More