Legal Research

New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 5

Posted on October 09, 2008
The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...

Chief Justice Roberts on Legal Research

Posted on October 08, 2008
U.S. Supreme Court Chief Justice John Roberts, in a recent talk at Drake University, provided a bit of advice to lawyers on the use of online legal research: “Supreme Court advocates have powerful new tools at their disposal, tools for finding precedent, tapping into non-legal sources of information, and constructing persuasive arguments,” he said...

Constitutional Law Prof Blog

Posted on October 06, 2008
Constitutional Law Prof Blog First Monday coincides with the introduction by the Law Professor Blog Network of its latest addition, the Constitutional Law Prof Blog. The blog is edited by Steven Schwinn of John Marshall Law School (Chicago), Ruthann Robson of CUNY School of Law, and Nareissa L...

Quick Links to Legislative Histories

Posted on September 10, 2008
Legislative Histories of U.S. Laws on the Internet Word has reached these shores that the invaluable Legislative Source Book has now been updated with a highly-recommended (three cheers! fist bumps! two thumbs up! two snaps up!) collection of links to Legislative Histories of U...

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How to Read a Case, and Other First-Year Tips

Posted on August 21, 2008
“Welcome to law school! Have a muffin. Oh, and please enjoy these and many other fine cases - we’ll be discussing them for three to four years.” Law school holds many wonders, but first the new law student must learn how to decipher case...

New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 2

Posted on August 12, 2008
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 2 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Business Law Forum: Nonobviousness - The Shape of Things to Come Another Missed Opportunity: The [...

New L&C Law Scholarship: Another Missed Opportunity

Posted on August 12, 2008
Gregory N. Mandel, Another Missed Opportunity: The Supreme Court?s Failure to Define Nonobviousness or Combat Hindsight Bias in KSR v. Teleflex, 12 Lewis & Clark Law Review 323 (2008) This Article analyzes two significant errors of omission in the Supreme Court?s recent patent decision, KSR v...

New L&C Law Scholarship: A Timing Approach to Patentability

Posted on August 12, 2008
John F. Duffy, A Timing Approach to Patentability, 12 Lewis & Clark Law Review 343 (2008) Patent law?s ?obviousness? doctrine, which bars patents for ?obvious? innovations, is generally understood as trying to exclude from patentability those innovations that would have been created and disclosed even without the inducement of patent rights...

New L&C Law Scholarship: Pharma?s Nonobvious Problem

Posted on August 12, 2008
Rebecca S. Eisenberg, Pharma?s Nonobvious Problem, 12 Lewis & Clark Law Review 375 (2008) This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents...

New L&C Law Scholarship: Nonobviousness

Posted on August 12, 2008
Rochelle Cooper Dreyfuss, Nonobviousness: A Comment on Three Learned Papers, 12 Lewis & Clark Law Review 431 (2008) This Article, a comment on the contributions of John Duffy, Rebecca Eisenberg, and Gregory Mandel, addresses three areas where improvements could be made in the law on nonobviousness...

New L&C Law Scholarship: Economic Theories of the Nonobviousness Requirement for Patentability

Posted on August 12, 2008
Vincenzo Denicol?, Economic Theories of the Nonobviousness Requirement for Patentability: A Survey, 12 Lewis & Clark Law Review 443 (2008) In the economics literature, there have been four main approaches to the nonobviousness requirement for patentability: option value, sequential innovation, error-cost, and complementary innovation...

New L&C Law Scholarship: Creativity, Innovation, and Obviousness

Posted on August 12, 2008
R. Keith Sawyer, Creativity, Innovation, and Obviousness, 12 Lewis & Clark Law Review 461 (2008) Psychologists who study creativity have never incorporated nonobviousness into their definition of creativity. Nonetheless, much of the psychological research is relevant to legal issues, particularly in light of the Supreme Court?s decision in KSR v...

New L&C Law Scholarship: Now Why Didn?t I Think of That?

Posted on August 12, 2008
Colleen M. Seifert, Now Why Didn?t I Think of That? The Cognitive Processes that Create the Obvious, 12 Lewis & Clark Law Review 489 (2008) The Supreme Court opinion in the KSR v. Teleflex case offers several claims about the cognitive processes involved in creativity...

New L&C Law Scholarship: Invisible Assumptions and the Unintentional Use of Knowledge and Experiences in Creative Cognition

Posted on August 12, 2008
Steven M. Smith, Invisible Assumptions and the Unintentional Use of Knowledge and Experiences in Creative Cognition, 12 Lewis & Clark Law Review 509 (2008) Research on the cognitive processes involved in creative thinking sheds light on the nonobviousness of new ideas and inventions...

New L&C Law Scholarship: Psychologists? Views on Nonobviousness

Posted on August 12, 2008
Janet Davidson and Nicole Greenberg, Psychologists? Views on Nonobviousness: Are They Obvious?, 12 Lewis & Clark Law Review 527 (2008) This Article discusses how a partnership between patent lawyers and cognitive psychologists could help resolve patent issues surrounding nonobviousness and advance what is known about innovative problem solving...

“My Badge of Honor”: L&C Law Alum Jamie Saul on Being Rejected by a Politicized DOJ

Posted on June 26, 2008
My Badge of Honor: “Deselected” by Bush’s Department of Justice (pdf) by Lewis & Clark Law School alum Jamie Saul. Background: On Tuesday, June 24 the U.S. Department of Justice Office of the Inspector General and the Office of Professional Responsibility published their report on the improper use of political and ideological affiliations to reject applications to [...

Oregon Copyright Decision a Big Win for Open Access to the Law

Posted on June 20, 2008
Fans of open access to law (and unless your name rhymes with Bromson-Loiters or HexisBexis, who isn’t?) will be pleased with this morning’s news that Oregon is backing away from enforcing its copyright claims on key elements of the Oregon Revised Statutes (ORS)...

New L&C Law Scholarship: Legal Studies Research Paper Series Vol. 2, No. 3

Posted on June 02, 2008
The latest Lewis & Clark Law School Legal Studies Research Paper Series has now been posted. The series, part of the SSRN Legal Scholarship Network, presents papers accepted for publication and working papers of the Lewis & Clark Law School faculty...

The 100 Most Creative Moments in American Law

Posted on May 23, 2008
Thinking About Law and Creativity: On the 100 Most Creative Moments in American Law In a boon for fans of law lists everywhere, Valparaiso School of Law professor Robert F. Blomquist has put together a list of the “100 Most Creative Moments in American Law...

New L&C Law Scholarship: Lewis & Clark Law Review Volume 12, Number 1

Posted on April 29, 2008
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 12, Number 1 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium: Speech and the Public Schools After Morse v...

New L&C Law Scholarship: Our Libertarian Court

Posted on April 29, 2008
Kenneth W. Starr, Our Libertarian Court: Bong Hits and the Enduring Hamiltonian-Jeffersonian Colloquy, 12 Lewis & Clark Law Review 1 (2008) The Supreme Court?s decision in Morse v. Frederick, otherwise known as the ?Bong Hits 4 Jesus? case, highlights the non-realization of Chief Justice Roberts?s goal of greater cohesion and unanimity among the nine Justices...

New L&C Law Scholarship: How Will Morse v. Frederick Be Applied?

Posted on April 29, 2008
Erwin Chemerinsky, How Will Morse v. Frederick Be Applied?, 12 Lewis & Clark Law Review 17 (2008) In 2007, the Supreme Court decided Morse v. Frederick, a 5-4 decision in which Chief Justice Roberts, writing for the majority, decided that a student could be punished for displaying a banner with the words ?BONG HiTS 4 JESUS? [...

New L&C Law Scholarship: Sanctionable Conduct

Posted on April 29, 2008
Sonja R. West, Sanctionable Conduct: How the Supreme Court Stealthily Opened the Schoolhouse Gate, 12 Lewis & Clark Law Review 27 (2008) The Supreme Court’s decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate...

New L&C Law Scholarship: Can There Really Be “Free Speech” in Public Schools?

Posted on April 29, 2008
Richard W. Garnett, Can There Really Be “Free Speech” in Public Schools?, 12 Lewis & Clark Law Review 45 (2008) The Supreme Court?s decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students? speech...

New L&C Law Scholarship: Bong Hits 4 Jesus as a Cautionary Tale of Two Cities

Posted on April 29, 2008
Stephen Kanter, Bong Hits 4 Jesus as a Cautionary Tale of Two Cities, 12 Lewis & Clark Law Review 61 (2008) In September of 1987, several high school students in Tigard, Oregon wore various T-shirts allegedly promoting the use of alcohol. In January of 2002, a number of students in Juneau, Alaska held up a banner [...

New L&C Law Scholarship: High-Value Speech and the Basic Educational Mission of a Public School

Posted on April 29, 2008
Douglas Laycock, High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts, 12 Lewis & Clark Law Review 111 (2008) This Article assesses the alarming proposition at the core of the school?s argument in Morse v...

New L&C Law Scholarship: A Self-Inflicted Wound

Posted on April 29, 2008
David Glazier, A Self-Inflicted Wound: A Half-Dozen Years of Turmoil Over the Guantanamo Military Commissions, 12 Lewis & Clark Law Review 131 (2008) President Bush?s November 2001 decision to try suspected terrorists by military commissions provoked immediate controversy that continues to the present day...

New L&C Law Scholarship: Damage Control

Posted on April 29, 2008
John B. Dudrey, Damage Control: Two Proposals to Limit the Reach and Effect of Oregon?s Wrongful Discharge Tort, 12 Lewis & Clark Law Review 205 (2008) The wrongful discharge tort is still a fairly new player on the employee rights legal scene. Generally speaking, the tort allows a discharged employee to sue his or her employer [...

New L&C Law Scholarship: Quieting Disruption

Posted on April 29, 2008
Christie S. Totten, Quieting Disruption: The Mistake of Curtailing Public Employees? Free Speech under Garcetti v. Ceballos, 12 Lewis & Clark Law Review 233 (2008) This Note critiques the United States Supreme Court?s 2006 decision in Garcetti v...

New L&C Law Scholarship: Environmental Law Review Volume 38, Issue 1

Posted on April 28, 2008
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 38, Issue 1 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles Climate Change in the Supreme Court by Lisa Heinzerling Is Environmentalism Dead? by Christopher D...

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