Law Commons^™

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker

Duke Law & Technology Review

The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?

Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw

Duke Law & Technology Review

In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.

A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw

Duke Law & Technology Review

For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy, Laurence R. Helfer, Graeme B. Dinwoodie

William & Mary Law Review

No abstract provided.

Biotechnology And Agriculture: The Common Wisdom And Its Critics, Mark Sagoff

Indiana Journal of Global Legal Studies

No abstract provided.

Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer

Indiana Journal of Global Legal Studies

No abstract provided.

Overview Of The Use Of Genetically Modified Organisms And Pesticides In Agriculture`, David Pimentel

Indiana Journal of Global Legal Studies

No abstract provided.

Genetically Modified Organisms In Peasant Farming: Social Impact And Equity, Stephen B. Brush

Indiana Journal of Global Legal Studies

No abstract provided.

Promise, Peril, Precaution: The Environmental Regulation Of Genetically Modified Organisms, Stephen Tromans

Indiana Journal of Global Legal Studies

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Advance Informed Agreement: A Shared Basis For Governing Trade In Genetically Modified Organisms?, Aarti Gupta

Indiana Journal of Global Legal Studies

No abstract provided.

The Great, Global Promise Of Genetically Modified Organisms: Overcoming Fear Misconceptions, And The Cartagena Protocol On Biosafety, Kurt Buechle

Indiana Journal of Global Legal Studies

No abstract provided.

The Prometheus Principle: Using The Precautionary Principle To Harmonize The Regulation Of Genetically Modified Organisms, John S. Applegate

Indiana Journal of Global Legal Studies

No abstract provided.

Using Dna Profiles To Obtain "John Doe" Arrest Warrants And Indictments, Frank B. Ulmer

Washington and Lee Law Review

No abstract provided.

International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw

Duke Law & Technology Review

International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.

Politics, Childhood Sexual Abuse, And Science Abuse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the latest political developments concerning the scientific analysis of childhood sexual abuse.

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie

University of Michigan Journal of Law Reform

In the 1993 landmark case Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court articulated its position on the admissibility of scientific evidence. The Court reasoned that federal judges should rely on the processes scientists use to identify unreliable research, including the process of peer review, to determine when scientific evidence should be inadmissible. In response, lawyers and their clients, seeking to rely on such evidence, have begun funding and publishing their own research with the primary intention of providing support to cases they are litigating. This Article examines the phenomenon of litigation-generated science, how it potentially undermines …

Lengthening The Stem: Allowing Federally Funded Researchers To Derive Human Pluripotent Stem Cells From Embryos, Jason H. Casell

University of Michigan Journal of Law Reform

Recent developments in fetal tissue research and stem cell research have led to dramatic breakthroughs in the search for cures for Parkinson's disease, Alzheimer's disease, diabetes, and a host of neurological disorders. Because this research involves fetal tissue and stem cells from human embryos, many complicated ethical and legal implications surround it. This Note explores the history of fetal tissue research and stem cell research, examines the surrounding ethical and legal issues, looks at the current state of federal law, and concludes that Congress should allow federally funded researchers to derive stem cells from discarded human embryos obtained from in …

Information Technology And Non-Legal Sanctions In Financing Transactions, Ronald J. Mann

Vanderbilt Law Review

This Essay investigates the effect of advances in information technology on the private institutions that businesses use to resolve information asymmetries in financing transactions. The first part of the Essay discusses how information technology can permit direct verification of the information, obviating the problem entirely; the Essay discusses the example of the substitution of the debit card for the check, which provides an immediate payment that obviates the need for the merchant to consider whether payment will be forthcoming when the check is presented to the bank on which it is drawn.

The second part of the Essay discusses how …

Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick

Duke Law & Technology Review

On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure doctrine of prosecution history estoppel. Designed to foster clarity in patent applications, this new pronouncement in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. allows for easy copying of some patented inventions and reduces patent owner's ability to prove infringement. This article outlines the change in the law and discusses the positive and negative consequences of the decision.

Internet Regulation: An Inter-American Plan, M. Leigh Macdonald

University of Miami Inter-American Law Review

No abstract provided.

Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson

Duke Law & Technology Review

On July 24, 2000, the German telecommunications giant Deutsche Telekom AG (Deutche Telekom) agreed to purchase the Bellvue, Washington based VoiceStream Wireless Corporation (VoiceStream) for over $50 billion. Although the merger may ultimately fall through, the response generated by the proposed merger indicates the future for deals between US and foreign-owned telecommunications companies. With the increasing globalization of the world's telecommunications markets, the Deutche Telekom deal represents the first time that a company dominated by a foreign government has attempted to purchase an American corporation. The signatories of the Basic Telecommunications Agreement, an agreement among World Trade Organization (WTO) members …

Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim

Duke Law & Technology Review

On October 2, 2000, the Court of Appeals for the Federal Circuit heard the appeal in the case of Amazon.com, Inc. v. Barnesandnoble.com, Inc. This appeal revolves around the alleged infringement by Barnesandnoble.com of a one-click web-shopping system patented by Amazon.com. The one-click system is among a series of recent controversial "business method" patents. According to some, business methods are legitimate inventions that deserve the protection of the US Patent and Trademark Office (PTO). According to others, business methods are unworthy of patent protection and may inhibit innovation in e-commerce. The outcome of this case has been widely anticipated by …

Bricks Plus Bytes: How Click-And-Brick Will Define Legal Education Space, Nicolas P. Terry

Villanova Law Review

No abstract provided.

Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine Abdel-Khalik

Michigan Journal of International Law

In order to combat the ever-increasing problem of global warming, developing nations need technology that will limit emissions while allowing for economic growth. This paper will first examine the problem of global warming. In Part II, the paper will explore the reasons developing nations currently are unable to reduce their emissions. In Part III, the paper will look at the factors leading to the success of the Montreal Protocol and examine the global warming debate in light of these factors.

At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller

UIC Review of Intellectual Property Law

When jurors decide whether a putative patent infringer is liable under the doctrine of equivalents, Federal Circuit law requires that the patent owner’s trial presentation provide “particularized evidence” and “linking argument” with respect to each prong of the classic tripartite test for liability (i.e., substantial identity of “function,” “way,” and “result” between each element of the claimed invention and accused device). The court has recognized that absent such evidentiary roadmapping, jurors are “put to sea without guiding charts.” In its August 2001 decision in Monsanto Co. v. Mycogen Plant Science, Inc., the Federal Circuit refused to extend this same evidentiary …

Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is here to stay. Consequently, disputes in this cyberspace are heard in courts nationwide, and one of the most fundamental litigation questions is the personal jurisdiction. In this article, the authors discuss the difficulties courts have in defining the degree of interaction between the Web site operator and online users. The authors first discuss the background of how courts tackle the personal jurisdiction issue. Then, as the society leaps into the cyberspace, authors analyze how this great development in technology and communications creates challenges to courts in grounding personal jurisdictional issues. By going through case analyses, authors show …

Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo

UIC John Marshall Journal of Information Technology & Privacy Law

"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …

The Electronic Communications Privacy Act: Does The Answer To The Internet Information Privacy Problem Lie In A Fifteen Year Old Federal Statute? A Detailed Analysis, 20 J. Marshall J. Computer & Info. L. 1 (2001), Henry M. Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

In 1986, Congress enacted the Electronic Communications Privacy Act ("ECPA") to update and clarify federal privacy protections and standards in light of changes in new technologies. Since, then, however, the Internet has grown immensely and this article discusses whether a new federal legislation is needed to meet the challenge. The author starts his analysis by defining what is "information privacy right." Then, he discusses how this right is been used and misused on the Internet. Following such definition, he discussed the ECPA Title II in detail. He analyses provisions of the ECPA, including section 2701, the definition of "access," sections …