Why It is Unconstitutional for State Bars, When Doling out Bar-Exam Seats, to Favor In-State Law Schools

VIKRAM DAVID AMAR

Illinois law dean Vikram David Amar explains why it is unconstitutional for state bars to favor in-state law schools when deciding who may sit for the state bar exam while complying with social distancing requirements, based on the Supreme Court’s precedents on the dormant Commerce Clause.

Read More

Compulife Software Inc. v. Newman

Dockets: 18-12004, 18-12007

Opinion Date: May 20, 2020

Judge: Newsom

Areas of Law: Copyright, Intellectual Property

Compulife Software, which has developed and markets a computerized mechanism for calculating, organizing, and comparing life-insurance quotes, alleges that one of its competitors lied and hacked its way into Compulife's system and stole its proprietary data. At issue was whether defendants crossed any legal lines—and, in particular, whether they infringed Compulife's copyright or misappropriated its trade secrets, engaged in false advertising, or violated an anti-hacking statute. The Eleventh Circuit vacated the judgment as to copyright infringement and trade-secret misappropriation, remanding for new findings of fact and conclusions of law. The court held that the magistrate judge committed errors of law and made insufficient findings, which tainted his conclusion that Compulife's copyright was not infringed. The court also held that the magistrate judge erred in his analysis of trade-secret misappropriation, both by failing to consider the application of several species of misappropriation and by committing legal error. The court found no reversible error in the magistrate judge's rejection of Compulife's other claims, affirming the remainder of the judgment.