Tributes to Robert W. Kastenmeier
Robert W. Kastenmeier died on March 20, 2015, at the age of ninety-one. After serving in the Army in World War II, he graduated from the University of Wisconsin Law School in 1952. He practiced law in Watertown, Wisconsin and served as a justice of the peace. Starting in 1959, he represented the state and people of Wisconsin in the United States House of Representatives for thirty-two years. Since 1992, the University of Wisconsin Law School has hosted the Robert W. Kastenmeier Lecture in his honor each fall.
Jason Webb Yackee
This short article provides an empirical examination of the link between law school experiential learning opportunities and JD employment outcomes. The paper is motivated by the so-called “law school crisis” that has accompanied the bursting of the housing bubble and the ensuing Great Recession. As most readers know, the market for new lawyers collapsed during the recession. Applications to law schools initially rose, but have since fallen dramatically. Entry-level legal hiring remains sluggish, and law school applications remain at or near historic lows.
Keith A. Findley
My colleague Jason Yackee offers some interesting data on comparative rates of law-related job placement for graduates of the top 100 U.S. law schools.1 In the end, his analysis in part reaches the entirely unsurprising conclusion that higher-ranked law schools are more successful at placing their graduates in full-time law-related jobs than are lower-ranked schools (although it turns out that holds true only for those in the top 50).
Robert R. Kuehn
Clinical training is one of the most significant developments in legal education over the last century. Legal education experts and bar committees have praised clinical education’s ability to teach law students the competencies necessary for the practice of law and a sense of their professional identity and obligations. Some even identify the added benefit of aiding J.D. students in securing employment and possible negative impact of inadequate skills training on the job market for graduates.
Christopher C. Kennedy
A fundamental principle of patent law is that a patent may not be granted on an invention that would have been obvious to a person of ordinary skill in the art at the time of the invention. Indeed, the nonobviousness requirement is generally considered to be the core requirement of patentability. It is also among the most commonly litigated issues in patent infringement cases, resulting in more invalidity determinations that any other defense. Despite the centrality of obviousness to patent jurisprudence, one element of the obviousness analysis is rarely, if ever, challenged: that obviousness is a binary; i.e., there is no middle ground between an obvious invention—entitled to zero patent protection— and a nonobvious invention—entitled to full patent protection.
Evan C. Zoldan
Since its first interpretation of the Ex Post Facto Clause in Calder v. Bull, the Supreme Court consistently has held that the clause applies only to retroactive criminal, but not civil, laws. The consequences of this distinction are far ranging, permitting, for example, states to keep offenders behind bars after they have served their sentences. The Court’s distinction between civil and criminal retroactivity is based wholly on Calder’s historical conclusion that the original meaning of the Ex Post Facto Clause included criminal laws only. This article demonstrates that Calder’s historical analysis is wrong.
Alfred T. Goodwin
Proliferating international demand for American petro-chemical exports and soaring prices for compressed natural gas will soon produce a critical mass of litigation over the rights of the people of the United States versus the corporate capital now being invested in fracturing shale. If the horizontal drilling to execute fracking is indeed poisoning the water needed to sustain human life on the land above the fracking, plaintiffs who have standing will find lawyers and sue in their state and federal courts.