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Pepperdine University

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Full-Text Articles in Law

Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh Feb 2013

Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh

Pepperdine Law Review

Congress is empowered, under article I, section 8 of the United States Constitution, to create patent laws that encourage the promotion of arts and sciences. In the congressional fulfillment of this task, the courts have been confused as to what products are worthy of patent protection under the patent statutes. One illustration of this confusion is the recent controversy of whether living organisms fit into the statutory patentable classification of section 101 of the 1952 Patent Act. The recent United States Supreme Court decision of Diamond v. Chakrabarty has ended this confusion by holding that living micro bacteria is patentable …


Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin Nov 2012

Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin

Pepperdine Law Review

No abstract provided.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


The Future Of Free Expression In A Digital Age, Jack M. Balkin Feb 2012

The Future Of Free Expression In A Digital Age, Jack M. Balkin

Pepperdine Law Review

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …


Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert Jan 2012

Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert

The Journal of Business, Entrepreneurship & the Law

Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel's first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful Arts,” could they foresee such a blistering pace of innovation? Have courts been able to maintain the balance between progress and limited monopolies? The history …