The Vulnerabilities of the Patient Protection and Affordable Care Act and the Tragedy of Repeal

The Patient Protection and Affordable Care Act, (the “ACA”) passed by Congress on March 23 2010, and signed into law by President Barack Obama on March 30, 2010, is the first major health reform legislation to be enacted since 1965 … Continue reading

14 Penn Plaza v. Pyett: Into The Abyss Between Judicial Process and Collectively Bargained Agreements to Arbitrate Individual Statutory Claims

On April 1st, 2009 a bitterly divided United States Supreme Court, by a vote of 5-4, turned the world of labor arbitration on its head. The Court’s opinion in 14 Penn Plaza v. Pyett overturned 35 years of jurisprudence, grounded … Continue reading

Victims Once Again? Civil Party Participation before the Extraordinary Chambers in the Courts of Cambodia

The Extraordinary Chambers in the Courts of Cambodia’s (ECCC) scheme for survivor participation has been hailed as groundbreaking and unprecedented, due in large part to the recognition of certain survivors as “civil parties” who were to be treated as full … Continue reading

Registration Open for Symposium 2011 – Redefining Borders: Comprehensive Immigration Reform in the United States

Registration for the 2011 Symposium is open. On March 4th, 2011, The Rutgers Law Record and The Immigrant Rights Collective will host a day long symposium on comprehensive immigration reform. Professors and practitioners will congregate at Rutgers School of Law … Continue reading

The Patient Protection and Affordable Care Act of 2010: Rulemaking in the Shadow of Incentive-Based Regulation

The federal courts are unevenly divided in their treatment of the initial constitutional challenges to the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”). Two district judges have ruled that the individual mandate provision of the law … Continue reading

The Person Having Ordinary Skill In The Arts In Assessing Obviousness Standard In The United States and Taiwan After KSR – Implications For Taiwan Patent Law And Practice

The Person Having Ordinary Skill in the Arts (PHOSITA) is a critical standard in determining whether an invention satisfies the “obviousness” and “inventive step” requirements of the U.S. and Taiwan respectively. The concept of the PHOSITA first originated from the 1850 Supreme … Continue reading