In the U.S., a utility patent generally lasts 20 years from the earliest effective filing date, but securing one requires careful planning and proper filings. From documenting your invention and assessing patentability to choosing between provisional and nonprovisional applications, early decisions can shape both cost and protection. This article explains the step-by-step patent process, key […]
Read More
How Much Deference Do Courts Give to Agency Decisions Under This Standard?
After Loper Bright (2024), courts give agencies 0 binding Chevron deference when interpreting ambiguous statutes. Judges apply independent judgment, giving only Skidmore-style respect based on an agency’s reasoning, consistency, and expertise. This article explains how that standard works and what it means for litigating agency actions. The question of how much deference courts give to […]
Read More
Corpus Delicti Rule: Proving a Crime Occurred
The corpus delicti rule requires independent evidence that a crime occurred before an out-of-court confession can support a conviction. This protects against wrongful convictions based solely on admissions or coerced statements. This article explains what prosecutors must prove, common exceptions, and how courts apply the rule. The corpus delicti rule stands as a fundamental principle […]
Read More
Legal Remedies for Arbitrary and Capricious Agency Actions
Courts can set aside an agency action as “arbitrary and capricious” under the APA’s 5 U.S.C. § 706(2)(A) standard. Review focuses on whether the agency considered relevant factors and explained its decision with record evidence. This article covers the test, common grounds for reversal, and practical steps for challenging agency conduct. When government agencies overstep […]
Read More
Can a decision be overturned simply because it is unpopular or controversial?
No—0 U.S. court decisions can be overturned solely because they are unpopular or controversial. Reversal generally requires legal error, constitutional conflict, new controlling precedent, or proper appellate or legislative action. This article explains how appeals, precedent, and public opinion interact in overturning rulings. The question of whether a judicial decision can be overturned solely based […]
Read More
How can I effectively prepare my case to demonstrate an agency’s arbitrary and capricious decision?
Prove an agency acted “arbitrary and capricious” by showing at least one APA flaw: ignored key evidence, relied on irrelevant factors, contradicted the record, or failed to explain its reasoning. Do it by compiling the full administrative record, preserving objections, and using targeted precedent and expert declarations to highlight the missing “rational connection.” This article […]
Read More
Jury Nullification: When Juries Ignore the Law
Jury nullification occurs when a jury returns a not guilty verdict even though the prosecution proved guilt beyond a reasonable doubt. It’s not a formal legal right jurors are told about, but it can happen because juries generally can’t be punished for verdicts. This article explains what it is, its historical use, and key legal […]
Read More
What are the emerging issues in environmental law and climate litigation?
Climate litigation is accelerating, with more than 2,600 cases filed globally as courts test climate-risk duties and net-zero commitments. Key flashpoints include ESG disclosure enforcement, greenwashing suits, supply-chain emissions (Scope 3), environmental justice, and liability for climate damages. This article surveys the leading emerging issues shaping environmental law for governments, companies, and individuals. The field […]
Read More
How can we improve access to justice for low-income individuals?
Expanding legal aid and pro bono capacity is essential because low-income Americans receive adequate legal help for about 1 in 5 civil legal problems. Court simplification, online self-help, and right-to-counsel pilots can reduce barriers and unmet need. This article covers practical reforms, funding models, and technology strategies to close the justice gap. Access to justice […]
Read More
Key Trends in Bankruptcy Law for Businesses in 2025
In 2025, businesses face at least 5 major bankruptcy law trends: rising Chapter 11 filings, tighter lender scrutiny, more prepackaged plans, tech-driven claims, and evolving regulatory enforcement. These shifts affect how quickly companies can restructure, finance operations, and negotiate with creditors. This article outlines the most important developments and what they mean for corporate insolvency […]
Read More
How is cybersecurity and data privacy legislation evolving in 2025?
In 2025, cybersecurity and data privacy laws are tightening worldwide, with more jurisdictions expanding breach-notification duties, increasing regulatory penalties, and adding security-by-design requirements. Governments are responding to rising ransomware and supply-chain attacks and growing concern over cross-border data transfers and AI-driven processing. This article explains the key 2025 legislative trends, notable new and proposed laws, […]
Read More
What procedural steps must agencies follow to prevent arbitrary decisions?
Agencies can avoid arbitrary decisions by following mandated procedures such as notice-and-comment rulemaking, building an evidence-based administrative record, and issuing reasoned explanations grounded in statutory authority. Courts commonly review whether the agency considered relevant factors, addressed significant comments, and explained any policy change without ignoring facts. This article outlines the key procedural requirements, recordkeeping practices, […]
Read More