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Articles 1 - 14 of 14
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Derivation And Prior Art Problems With The New Patent Act, Joshua Sarnoff
Derivation And Prior Art Problems With The New Patent Act, Joshua Sarnoff
College of Law Faculty
No abstract provided.
Standing On Quicksand: Why Law Students Need New Survival Skills For An Evolving Legal Landscape, Allen Moye
Standing On Quicksand: Why Law Students Need New Survival Skills For An Evolving Legal Landscape, Allen Moye
College of Law Faculty
While most disciplines and professions have adapted varying uses of technology in their everyday functions and tasks; legal education still remains one of the last holdouts. Much of what has become standard to legal education pedagogy over the past 140 years has been subject to a growing criticism and calls for a new and different approach. This is particularly true when it comes to teaching practical lawyering skills, which include a working knowledge of the form and function of legal resources. The technology age has considerably altered both aspects of these resources, and undoubtedly more changes will come. These changes …
The Patent System And Climate Change, Joshua Sarnoff
The Patent System And Climate Change, Joshua Sarnoff
College of Law Faculty
The amount of greenhouse gas emissions and consequent climate changes and social responses will depend substantially upon the rapid development and widespread dissemination of a wide variety of new mitigation and adaptation technologies. The international approach adopted by the UN Framework Convention on Climate Change in Cancun will focus the worldwide innovation system more closely on private funding and markets, and thus on the acquisition of patents at the front end of the coming innovation pipeline. The choice to rely on private markets and patents is highly debatable. But it is certain to create substantial tensions for the patent system …
Patent Eligible Medical And Biotechnology Inventions After Bilski, Prometheus, And Myriad, Joshua Sarnoff
Patent Eligible Medical And Biotechnology Inventions After Bilski, Prometheus, And Myriad, Joshua Sarnoff
College of Law Faculty
In Bilski v. Kappos, the U.S. Supreme Court continued to require that patentable subject matter eligibility determinations under Section 101 be made by reference to three historic, categorical exclusions, for scientific principles, natural phenomena, and abstract ideas. This excluded subject matter must be treated as if already known even when newly discovered by the applicant. Unlike in other jurisdictions, the excluded subject matter thus cannot contribute creativity to the claimed inventions, either for eligibility or for patentability evaluations. The Federal Circuit has reluctantly applied eligibility doctrine after Bilski, holding in Prometheus v. Mayo that claims to treatment methods applying the …
Patent Eligible Inventions After Bilski: History And Theory, Joshua Sarnoff
Patent Eligible Inventions After Bilski: History And Theory, Joshua Sarnoff
College of Law Faculty
The U.S. Supreme Court has continued to require that patentable subject matter eligibility determinations under Section 101 be made by reference to three historic, categorical exclusions, for scientific principles, natural phenomena, and abstract ideas, which must be treated as if already known even when newly discovered by the applicant. Various thoughtful scholars have alternatively urged that these exclusions from the patent system should be viewed restrictively or that eligibility decisions should be avoided. But these scholars underappreciate the benefits of categorical exclusions and particularly of treating them as if they were already known prior art, and in any event the …
Disability Rights, Welfare Law, Mark Weber
Disability Rights, Welfare Law, Mark Weber
College of Law Faculty
This article asks how disability rights ideas can be reconciled with—and might transform—the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person’s physical and mental conditions and society’s environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law to remove limits on …
Wielding Human Rights And Constitutional Procedure To Temper The Harms Of Globalization: Costa Rica’S Battle Over The Central American Free Trade Agreement, Alberto Coll
College of Law Faculty
No abstract provided.
The Judicial Role In Trademark Law, Michael Grynberg
The Judicial Role In Trademark Law, Michael Grynberg
College of Law Faculty
This article considers the judicial role in developing trademark law. The issue is important because proposals for trademark reform often rest on expansive conceptions of judicial authority. In thinking about trademark reform, we should broaden our perspective to include considerations of what we want from the law in general. Our answer to the question of what judges applying the Lanham Act should do may vary depending on whether we respond as subjects of trademark law (i.e., as consumers or sellers), as litigants to a trademark action, or as third parties whose focus is not on trademark law, but the general …
Bewitched, Bothered And Bewildered: The Courts And Revised Article 9 Of The Uniform Commercial Code Ten Years Later, Margit Livingston
Bewitched, Bothered And Bewildered: The Courts And Revised Article 9 Of The Uniform Commercial Code Ten Years Later, Margit Livingston
College of Law Faculty
No abstract provided.
Procedure's Ambiguity, Mark Moller
Procedure's Ambiguity, Mark Moller
College of Law Faculty
In 2007 and in 2009, the Supreme Court decided two cases that have proven immensely controversial: Bell Atlantic v. Twombly and Ashcroft v. Iqbal, which interpret the scope of federal pleading standards. Critics claim the decisions drastically alter those standards in a way that denies civil litigants easy access to federal court. But it is far from clear that’s right: In fact, both decisions are so opaquely written that it’s proving hard for lower courts and litigants to figure out what, exactly, they mean. Read one way, Iqbal and Twombly may not change federal pleadings standards much, if at all, …
Shooting Down Suicide Airplanes - What's Law Got To Do With It, Steven Resnicoff
Shooting Down Suicide Airplanes - What's Law Got To Do With It, Steven Resnicoff
College of Law Faculty
No abstract provided.
Comparative Judicial Attitudinalism: A Preliminary Study Of Judicial Choices In Westminster Legal Systems, Zoe Robinson
Comparative Judicial Attitudinalism: A Preliminary Study Of Judicial Choices In Westminster Legal Systems, Zoe Robinson
College of Law Faculty
No abstract provided.
And All The Pieces Matter: Thoughts On The Wire And The Criminal Justice System, Susan Bandes
And All The Pieces Matter: Thoughts On The Wire And The Criminal Justice System, Susan Bandes
College of Law Faculty
No abstract provided.
The Lone Miscreant, The Self-Training Prosecutor, And Other Fictions: A Comment On Connick V. Thompson, Susan Bandes
The Lone Miscreant, The Self-Training Prosecutor, And Other Fictions: A Comment On Connick V. Thompson, Susan Bandes
College of Law Faculty
No abstract provided.