The Federal Lawyer

August 2014

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Current Judicial Profiles


Features

Down to the Crossroads
The U.S. financial industry is too large and complex a beast to be effectively regulated by bureaucrats alone, and outsourcing a check on financial misdeeds to those in the best position to see what happens on a transactional level was probably a wise decision in the Dodd-Frank Act.
Litigating a Case Before the U.S. Tax Court
What is the U.S. Tax Court? How is it different from other courts? How do you litigate a case before the Tax Court? This article will address these questions and others and will provide an interesting glimpse into a unique federal trial court.
Overview of the Patent Trial and Appeal Board
As part of the implementation of the Leahy-Smith America Invents Act (AIA), the Board of Patent Appeals and Interferences became known as the Patent Trial and Appeal Board (PTAB)...
Practicing Before Immigration Courts and Understanding Their Structure
Immigration cases are litigated before the Department of Justice’s Executive Office for Immigration Review (EOIR). Any noncitizen who has committed an immigration law violation will be placed before an immigration judge after being served a Form I-862, Notice to Appear...
“New Kid on the Block”
The Vietnam era was a time not only of undeclared counterinsurgency warfare, the first in our history, but of tumultuous cultural, social, and political change. As with many such eras, the dust took awhile to settle...
An Alternative Quasijudicial Forum to Resolve Intellectual Property Disputes
Over the past decade, the U.S. International Trade Commission has emerged as a serious player in the realm of intellectual property enforcement. The ITC uses its quasijudicial procedures to resolve a surprising number of intellectual property disputes, wielding a great deal of power in doing so. The ITC’s use of this power has not come without some controversy and calls for reform. In our increasingly global economy, however, the ITC is likely to remain an essential tool for the toolbox of every intellectual property litigator. This makes getting comfortable with the sometimes unusual aspects of the ITC all the more important.
Federal Crime and Punishment
Meet the New System, Same as the Old System?
The Proper Forum for Judicial Review of Merit Systems Protection Board Decisions in Mixed Cases
As a general matter, the employment claims of federal employees follow one of two tracks, depending on whether they relate to discrimination or a challenge to an adverse personnel action. In most cases of discrimination, after initially filing....
Real-World Descriptions of Legal Terms
Law schools provide academic explanations of legal terms, but those don’t always paint a full picture of how they play out in the real world. I am writing this article to provide new attorneys insight into what some of those terms really mean.
Update on the U.S. Supreme Court’s Akamai Decision
Induced Patent Infringement Must Be Predicated on Direct Infringement by a Single Actor