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Faculty Articles To Appear in Prestigious Law Reviews

May 9, 2011

Baylor Law faculty members Jill Lens, Luke Meier and Connie Powell have each had articles accepted by prestigious law reviews.

Hofstra Law Review will publish Lens's article, "Punishing for the Injury: Tort Law-Based Limitations on Punitive Damages," later this year. In the article Lens examines a potential conflict between the Supreme Court's recent opinions on the limitations of punitive damage awards. Abstracts of Lens's articles can be found on Lens's SSRN page.

Meier has had two articles accepted by law reviews. "Why Twombly is Good Law (But Poorly Drafted) and Iqbal will be Overturned" has been accepted by the Indiana Law Journal and will be published in 2012. In the article, Meier looks at what is required to plead a claim for relief in federal court after the Supreme Court's decisions in Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal. He argues that coupling the cases as a pair is wrong and interferes with efforts to understand what is required to start litigation in federal court.

The second article, "Using Tort Law to Understand the Causation Prong of Standing," has been accepted by the Fordham Law Review and also will be published in 2012. The article sheds light on the "fairly traceable" or "causation" requirement of Article III standing, which has mostly been ignored or treated as a secondary consideration in modern academic discussions on standing. Meier accomplishes this task by relying heavily upon causation concepts and terminology developed in tort law. Abstracts of Meier's articles can be found on his SSRN page.

Powell's "The eBay Exemption: Restructuring the Trademark Safe Harbor for Online Marketplaces" has been accepted for publication as the lead article for volume 28 of the Santa Clara Law Computer and High Technology Law Journal. This journal is ranked number eight amongst Intellectual Property Law journals and ranked number four cited journals overall. Powell's article argues for revisions to the Lanham Act that will establish a principled scheme for liability. The article discusses the development of the counterfeit trademark market online, provides a brief synopsis of the major Internet auction sites' response to the developing counterfeit market, and provides an overview of the current legal framework for establishing secondary liability for trademark infringement. The article also discusses secondary liability suits involving eBay and evaluates the courts' rationale in eBay not liable for secondary trademark liability. Powell concludes with a discussion of Senate Bill 3804, titled "Combating Online Infringement and Counterfeits Act" and its pitfalls followed by proposal for additions to the Lanham Act to establish a "notice and take down" system for trademark infringement.

"I am so pleased that three of our newest faculty members will have scholarly articles published in prestigious law reviews. However, I'm not surprised because members of the Baylor Law faculty always have prided themselves on their ability to balance excellent research with great teaching. They not only engage in meaningful legal scholarship but also, because of their skill in the classroom, they are able to pass on these concepts effectively to our students," said Baylor Law Dean Brad Toben.

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