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Articles 1 - 30 of 35
Full-Text Articles in Law
Aals Speech, Wendy J. Gordon
Aals Speech, Wendy J. Gordon
Scholarship Chronologically
Marshall has also said I can speak as long as I want, so scream when you've had enough.
Letter From Professor Timothy J. Brennan, Timothy J. Brennan
Letter From Professor Timothy J. Brennan, Timothy J. Brennan
Scholarship Chronologically
Dear Wendy,
Thanks for sending me the recent pair of articles. I just had a chance to read them today while I'm getting my furnace and AC replaced. I enjoyed them very much, both for the chance to think about copyright issues and to read yet again your creative and insightful approach to them.
The most intriguing thing about the Dayton piece was the asymmetric mar- ket failure idea. (I'll come back to the prisoners' dilemma in connection with the LCP paper!) Your point that justifying copyright requires the belief that intellectual property markets won't work without copyright and that …
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
Scholarship Chronologically
The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.
Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon
Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon
Scholarship Chronologically
Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.
Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon
Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon
Scholarship Chronologically
There are several potential insights whose interrelationship I'd like to explore. First, some allocation of rights are not likely to be transferable. Two of the major interests involved in blackmail--namely, reputation and free speech--are of this type. This may in itself help to explain some of the paradox of blackmail.
Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon
Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon
Scholarship Chronologically
As you know, I am revising the piece primarily by combining it with my oral remarks. Thus I am sending you the original version of the article as you sent it to me, with corrections inked in, and I am also sending several separate typed pages (adapted from the oral remarks), with indications where they fit into the piece. The new pages have several footnotes, but in most cases the footnotes refer to sources cited in the earlier version. I can also send you photocopies of any material cited, if you wish. I hope this is not too burdensome. The …
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Faculty Scholarship
Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …
Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon
Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon
Faculty Scholarship
When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.
When should lawmakers place copyright law or other IP law among the prime options to consider?
Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
Scholarship Chronologically
MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
Scholarship Chronologically
Enclosed are the corrected pages of the transcript. The article itself will follow shortly.
On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon
On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon
Faculty Scholarship
Every day someone invests time, labor, or money in creating a valuable intangible. Someone collects information, creates an idea, designs a boat hull, writes a book, or comes up with a new way to market a product that someone else developed. Judicial treatment of these and other cognate occurrences has shifted dramatically in recent years.
Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon
Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon
Scholarship Chronologically
Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy
The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy
Faculty Scholarship
This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
LLM Theses and Essays
This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.
California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas Goetzl
California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas Goetzl
Publications
On January 6, 1993, continuing its tradition of off-site meetings, the American Association of Law Schools (A.A.L.S.) Art Law Section left San Francisco and crossed the Bay Bridge to hold its annual meeting and field trip at the Oakland Museum. The program was entitled "California Art Legislation Goes Federal." Because the Visual Artists Rights Act of 1990 (VARA) has its historic roots in legislation pioneered in California, we took this opportunity to gather individuals who could review that history and offer some insights into the future of artists' rights at the federal level.
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Faculty Scholarship
This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in this country and the processes that are being applied to the harmonization effort. Section I of the essay compares the underlying goals of patent harmonization with those of the current United States patent system. The article contends that the legal rules relating to patents in this country evidence a specific intent to promote domestic industry. The aims of harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the social consensus in this country concerning the …
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Faculty Scholarship
This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Articles
This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.
Furthermore, this Article reviews the legislative history and the impact …
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Law Faculty Scholarship
For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …
Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.
Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.
Law Faculty Scholarship
Last summer, over 300 members of the Association of (chief) Corporate Patent Counsel were surveyed concerning their attitude toward and experience with arbitration and mediation (ADR). Seventy-five responded. Subsequently, tabulations of the survey data were sent to the same people with four additional questions, two of which had nothing to do with ADR. Forty-one responded. This comment reports responses to the two questions unrelated to ADR.
The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy
The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy
Faculty Publications
No abstract provided.
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.
Defining The Prisoners' Dilemma, Wendy J. Gordon
Defining The Prisoners' Dilemma, Wendy J. Gordon
Scholarship Chronologically
Formally, a prisoner's dilemma is defined as follows: There are two participants symmetrically situated. For each player, her payoff if she refuses to cooperate with the other player is higher than her payoff would be if she cooperated, and this is true whether the other chooses to cooperate, or chooses to defect. If both cooperate, her payoff will be higher than if both defect.
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Articles by Maurer Faculty
In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …
Handwritten Notes On Of Harms And Benefits: Torts, Restitution, And Intellectual Property - 1992, Wendy J. Gordon
Handwritten Notes On Of Harms And Benefits: Torts, Restitution, And Intellectual Property - 1992, Wendy J. Gordon
Scholarship Chronologically
Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land. intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Book Chapters
The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …
Book Review, Mary Lafrance
Book Review, Mary Lafrance
Scholarly Works
Learning the business side of the film industry can be a daunting task. On-the-job training is treacherous, basic texts quickly become outdated, and treatises can overwhelm with detail. Moreover, it is one thing to know the general outlines of the business and legal aspects of film production, and quite another to feel prepared to negotiate a contract. This is particularly true in the area of film financing, where new techniques emerge with every deal. Producing, Financing and Distributing Film fills a unique niche by providing a concise one-volume introduction to the business side of film that is detailed and transaction-oriented. …