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  We wrote a blog post about this a couple of years ago, but just to refresh your recollection: There is a significant question, especially after Inclusive Communities, about whether disparate impact claims are cognizable under the Equal Credit Opportunity Act in the first place (see “The ECOA Discrimination and Disparate Impact – Interpreting the Meaning of the Words that Actually Are There,” 61 Business Lawyer 829 (2006)); The Supreme Court decision in Dukes… [read post]
8 Dec 2017, 9:20 am by Stephen Wermiel
” The much-quoted line comes from West Virginia State Board of Education v. [read post]
4 Dec 2017, 12:39 pm by Jacob Sapochnick
Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. [read post]
4 Dec 2017, 12:17 pm by Jacob Sapochnick
District Court for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. [read post]
27 Nov 2017, 4:00 am by Howard Friedman
Implications for Public Administration from Trinity Lutheran v. [read post]
15 Nov 2017, 5:59 am by Joy Waltemath
The court reserved until a later date any ruling on the defendants’ motion to dismiss for failure to state a claim (Vidal v. [read post]
6 Nov 2017, 12:50 pm by Thaddeus Hoffmeister
Rai Duke University School of Law; Duke Innovation & Entrepreneurship Initiative Abstract This is a brief of 72 IP professors opposing the claim in Oil States that the IPR procedure is unconstitutional.Petitioner argues that only a court – indeed, only a jury – has the power to decide that the United States Patent and Trademark Office erred in granting a patent. [read post]
1 Nov 2017, 2:58 pm by Dennis Crouch
by Dennis Crouch The final group of amicus briefs were filed this past week in Oil States v. [read post]
26 Oct 2017, 7:38 am by Andrew Koppelman
  If you fear the Kochs, it is comforting to have a Duke University historian on your side. [read post]
5 Oct 2017, 7:23 am by Marty Lederman
”  Thus, as the Solicitor General explainedto the Supreme Court in the recent United States v. [read post]