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Full-Text Articles in Law
A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright
A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright
Michigan Law Review
A Review of Learned Hand: The Man and the Judge by Gerald Gunther
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Michigan Law Review
In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both …