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Full-Text Articles in Law

Fetishizing Copies, Jessica Litman Jan 2017

Fetishizing Copies, Jessica Litman

Book Chapters

Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy-fetish. This is the ...


Section 5 And The Innovation Curve, Daniel A. Crane Jan 2013

Section 5 And The Innovation Curve, Daniel A. Crane

Book Chapters

the ftc’s authority to use Section 5 of the FTC Act to reach anticompetitive conduct that would not be illegal under the Sherman or Clayton Acts has been much discussed in recent years, particularly in conjunction with the FTC’s enforcement action against Intel. As of this writing, a Section 5 action against Google seems imminent.


Reaching Through The Genome, Rebecca S. Eisenberg Jan 2003

Reaching Through The Genome, Rebecca S. Eisenberg

Book Chapters

The past two decades have been a period of rapid evolution in the science of biotechnology and therefore in patent strategies, if not in patent law itself. Patent law takes a long time to catch up with science, and commentators take a long time to catch up with the law, but patent lawyers don’t have that luxury. They have to keep ahead of the game, figuring out claiming strategies that allow their clients to capture the value of future discoveries. I want to discuss some of these strategies today.


The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg Jan 2002

The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg

Book Chapters

The sequencing of the human genome is a great scientific accomplishment that opens the door to further scientific inquiry of a sort that would otherwise be impossible. In addition to being passionately interested in the patent issues this research presents, as a legal scholar I have a long-standing interest in the role of intellectual property in interactions between the public and private senators and between universities and private firms in research science, with a focus on biomedial research. However, although the Human Genome Project has provided a rich terrain for exploring these issues, I am puzzled that intellectual property issues ...


Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg Jan 1996

Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg

Book Chapters

Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot ...


Automatic Generation Of A Legal Expert System, Layman E. Allen, Charles S. Saxon Jan 1991

Automatic Generation Of A Legal Expert System, Layman E. Allen, Charles S. Saxon

Book Chapters

The use of the AUTOPROLOG system to generate automatically a legal expert system is described in this chapter. The interpretation of a statutory or other legal rule by one expert (or by the consensus of a group of experts) expressed in a normalized form is the only input needed by the AUTOPROLOG system (which includes Turbo Prolog, the AUTOPRO program, and some data files) to produce automatically a computer program that is an expert system for that legal rule. The process for producing a legal expert system for Section 213.1 of the Modal Penal Code, which deals with rape ...


Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon Jan 1988

Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon

Book Chapters

The process of normalizing a legal rule requires a drafter to indicate where the intent is to be precise and where it is to be imprecise in expressing both the between-sentence and within-sentence logical structure of that rule. Three different versions of a legal rule are constructed in the process of normalizing it: (1) the logical structure of the present version, (2) the detailed marker version, and (3) the logical structure of the normalized version. In order to construct the third version the analyst must formulate and answer specific questions about the terms that are used to express the logical ...


Evidence Problems In Criminal Cases, John W. Reed Jan 1977

Evidence Problems In Criminal Cases, John W. Reed

Book Chapters

The Federal Rules of Evidence, enacted by Congress, became effective on July 1, 1975. Ten states have adopted state versions of the Federal Rules to govern trials in their courts, and about half the remaining states are considering whether to follow suit. Michigan is one of these latter states. Early in 1977 a committee appointed by the Supreme Court of Michigan proposed rules of evidence for Michigan closely patterned on the Federal Rules, and, if all goes well, the Court will promulgate rules for the Michigan courts to become effective in 1977 or soon thereafter. Michigan lawyers should be aware ...


Computer Systems For Research, Layman E. Allen Jan 1971

Computer Systems For Research, Layman E. Allen

Book Chapters

The legal communication network today is characterized by two features. Any communication network in this century is marked by a division between the extent to which there is a man involved and the extent to which there is a machine involved. And, in terms of emphasis at this stage of things, at least within law, the emphasis is heavily upon the man communicating messages and relatively less upon the machine. The interesting question is, What is going on within this network that is amenable to being handled by machine and what, among those things, is it wise to do that ...


The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen Jan 1966

The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen

Book Chapters

My remarks are addressed to one aspect of the general problem of communication involved in meeting the information requirements of the courts. It transcends merely the court; however, it is a problem throughout the legal decision-making system. The efficiency of t:ourts in processing information is just one part of a larger picture of effective communication within the legal system. Phrased broadly, the question involves discerning the optimum man-machine mix in the processing of information. Nobody can reasonably quarrel with the goal of taking the fullest possible advantage of the benefits of emerging technology, as long as objectives of greater ...