Lead and Landlords

This article argues that the accepted practice of requiring the consent of the landlord before replacing the lateral service line is at least questionable law and asserts that property rights are properly subject to limits that affect a landlord’s autonomy around the question of whether a lead service line should be replaced on her property.

read more

Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation

This Note recommends federal courts grant anti-suit injunctions in SEP litigation only under a restrictive test, rather than maintaining the current variation by circuit, and further suggests that Congress should codify this test. In the event of an injunction spiral that might preclude litigation altogether, SSOs should require the parties arbitrate the dispute before experts at the World Intellectual Property Organization. Together, litigation and arbitration can help preserve the interconnected and technologically compatible system currently in place around the world.

read more

Takings Property and Appropriative Water Rights

Courts and commentators have yet to define the types of rights that are entitled to constitutional protection with sufficient precision to avoid an inconsistent and inefficient application of the Takings Clause. The Article assesses how certain frameworks perform with a property interest as elusive as appropriative water rights and provides broader lessons about both takings property and water law.

read more