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- Lawrence M. Sung (11)
- Matthew Rimmer (8)
- Katherine J. Strandburg (6)
- Mubashshir Sarshar (6)
- Robert E. Suggs (6)
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- Jeremy de Beer (5)
- Justine Pila (4)
- Edward Lee (3)
- Gabriel Martinez Medrano (3)
- Gustavo M. Rodríguez García (3)
- Laura Quilter (3)
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Articles 1 - 30 of 107
Full-Text Articles in Law
Copyright For A Social Species, Robert E. Suggs
Copyright For A Social Species, Robert E. Suggs
Robert E. Suggs
Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Robert E. Suggs
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs
Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs
Robert E. Suggs
This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater …
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Robert E. Suggs
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Robert E. Suggs
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
A Dialogue In Search Of Meaning, Robert E. Suggs
A Dialogue In Search Of Meaning, Robert E. Suggs
Robert E. Suggs
No abstract provided.
Certificacion De Una Acción De Clase, Gabriel Martinez Medrano
Certificacion De Una Acción De Clase, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Analisis del sistema de class actions en Argentina con posterioridad al leading case de la Corte Suprema "Halabi"
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Dr Rebecca Wong
This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Apostolos Chronopoulos
This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …
The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall
The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009.
Rational Design Rights Ignorance, David Orozco
Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano
Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano
Gabriel Martinez Medrano
La presente nota critica la solución adoptada por el Juez de Primera Instancia en la acción colectiva PADEC PREVENCION ASESORAMIENTO Y DEFENSA DEL CONSUM. C/ CITIBANK N.A. S/ SUMARISIMO, sentencia de fecha 8 de octubre de 2009, por la cual se rechazó una acción colectiva pretendida por una asociación de consumidores, utilizándose como argumento para el rechazo del caso la falta de delimitación de la clase representada y la consecuente falta de homogeneidad en el reclamo de los miembros de la clase.
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
Laura Quilter
No abstract provided.
Waardering Van Intellectuele Eigensomsrechten, Severin De Wit
Waardering Van Intellectuele Eigensomsrechten, Severin De Wit
Severin de Wit
Waardering van Intellectuele eigendomsrechten is een nog onontgonnen terrein. Bestaande waarderingstechnieken zijn in veel gevallen ontoereikend voor een bruikbare waardering. Omstandigheden die voor een waardering van belang kunnen zijn.
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Matthew Rimmer
In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …
Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry
Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry
Mark Perry
The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation. Intellectual property rights in primary legal materials create a dilemma for policy makers. …
The Politics Of Intellectual Property, Jessica Litman
The Politics Of Intellectual Property, Jessica Litman
Jessica Litman
This talk, delivered at the 2006 AALS mid-year meeting, briefly addresses the politics of copyright legislation before segueing into the politics of intellectual property scholarship. I urge that the metaphor of a “copyright war,” used by both copyright owners and copyright reformers, is uncomfortably apt. It reflects a polarization of the copyright community that has affected copyright scholarship in unhealthy ways, encouraging scholars to choose sides in the copyright wars and to tailor their scholarship to fit.
The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen
The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen
Ken Shadlen
After introducing pharmaceutical patents in the 1990s, Brazil subsequently adjusted the patent system to ameliorate its effects on drug prices while Mexico introduced measures that reinforce and intensify these effects. The different trajectories are due to the nature of the actors pushing for reform and subsequent patterns of coalitional formation and political mobilization. In Brazil, government demand for expensive, patented drugs made health-oriented patent reform a priority, and the existence of an autonomous local pharmaceutical sector allowed the Ministry of Health to build a supportive coalition. In Mexico, government demand made reforms less urgent, and transformations of the pharmaceutical sector …
The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass
The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass
Paul Swamidass
Google Inc. began as a startup when all the large players in the industry turned down the opportunity to license the technology from Stanford University; Google has since become the leader in the industry with nearly 20,000 employees and a market value of about $150 Billion as of August 2009. Startup companies, using university technologies, have the potential to become a major economic force in the economy. But, it takes additional skills and effort on the part of University Offices of Technology Transfer (UOTT) to license an invention to a startup company compared to the effort needed to license to …
In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung
In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung
Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung
Lawrence M. Sung
As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. Indeed, there has been a significant movement over the past several years to establish specialized drug courts, community courts, mental health courts, and domestic violence courts. One common element among these efforts is the idea that specialized courts …
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
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
Lawrence M. Sung
No abstract provided.
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung
The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
License To Sue? The Availability Of Declaratory Judgment Actions To Patent Licensees After Medimmune, Inc. V. Genentech, Inc., Lawrence M. Sung
License To Sue? The Availability Of Declaratory Judgment Actions To Patent Licensees After Medimmune, Inc. V. Genentech, Inc., Lawrence M. Sung
Lawrence M. Sung
No abstract provided.