November 2007 Vol. 106 No. 2 THE REVIEW
ARTICLES

Friends with Benefits?

Laura A. Rosenbury

Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships, namely friendship. This Article examines the effects of that focus, illustrating how it frustrates one of the goals embraced by most family law scholars over the past forty years: the achievement of gender equality, within the family and without. Part I examines the current scope of family law doctrine and scholarship, highlighting the ways in which the home is still the organizing structure for family.

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Offsetting Risks

Ariel Porat
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Essay: Suburbs as Exit, Suburbs as Entrance

Nicole Stelle Garnett
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NOTES

Trolling for Trolls: The Pitfalls of the Emerging Market Competition Requirement for Permanent Injunctions in Patent Cases Post-eBay

Benjamin H. Diessel

In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a “market competition requirement.” Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor. After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement is becoming an entrenched doctrine. However, the divergent legal standards used by district courts turning on market competition contravenes the Supreme Court’s holding that courts should not apply the four-factor test in a manner that makes the injunctive remedy unavailable based on broad classifications. 

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Exclusion Confusion? A Defense of the Federal Circuit's Specific Exclusion Jurisprudence

Peter Curtis Magic
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Divorcees Turn About in Their Graves as Ex-Spouses Cash In: Codified Constructive Trusts Ensure an Equitable Result Regarding ERISA-Governed Employee Benefit Plans

Sarabeth A. Rayho
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& Other Current Events

Crawford v. Washington: A Ten Year Retrospective

No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation...

Come Back to the Boat, Justice Breyer!

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly...

Crawford v. Washington: The Next Ten Years

Imagine a world . . . in which the Supreme Court got it right the first time. That is,...

The Crawford Debacle

First a toast-to my colleague Jeff Fisher and his Crawford compatriot, Richard Friedman, on the...

Confrontation and the Re-Privatization of Domestic Violence

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution...
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