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Full-Text Articles in Law

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone Jul 2016

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone

Rooftops Project

In a recent visit with the Rooftops Project's Alicia Langone and Professor James Hagy, construction lawyer Susanna Fodor offers views on the tenant improvement process when a not-for-profit organization selects space to lease and on routine repair and renovation projects for properties a not-for-profit may own.


The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow Jan 2016

The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow

Articles & Chapters

Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.


Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow Jan 2016

Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow

Articles & Chapters

Profs. Allison and Ouellette’s Article, How Courts Adjudicate Patent Definiteness and Disclosure, 65 Duke L.J.609 (2015), on courts’ adjudication of certain patent disputes presents some surprising data: pharmaceutical patents litigated to judgment fare substantially worse on written-description analyses if they are not part of traditional pioneer-generic litigation. This Response engages in several hypotheses for this disparity and examines the cases that make up Allison and Ouellette’s dataset. An analysis of these cases finds that the disparity can be best explained by technological and judicial idiosyncrasies in each case, rather than larger differences among pharmaceutical patent cases. This finding contextualizes …


The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer Nov 2015

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …


Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott Jan 2015

Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott

Articles & Chapters

Under the newly passed Leahy-Smith America Invents Act (AIA), the U.S. Patent and Trademark Office may hear new challenges to stem cell patents. Here, we explore how the new law affects challenges to stem cell patents, focusing on two recent cases, and discuss the future of stem cell patent disputes.


The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely Jan 2015

The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely

Articles & Chapters

The US Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc. declared, for the first time, that isolated human genes cannot be patented. Many have wondered how genes were ever the subjects of patents. The answer lies in a nuanced understanding of both legal and scientific history. Since the early twentieth century, “products of nature” were not eligible to be patented unless they were “isolated and purified” from their surrounding environment. As molecular biology advanced, and the capability to isolate genes both physically and by sequence came to fruition, researchers (and patent offices) began to apply …


Forms Of Affiliation: Family, Democracy, And Civil Society In Horton Hears A Who!, Naomi Mezey, Gabe Lezra Jan 2014

Forms Of Affiliation: Family, Democracy, And Civil Society In Horton Hears A Who!, Naomi Mezey, Gabe Lezra

NYLS Law Review

No abstract provided.


Horton Hears A Twerp: Myth, Law, And Children’S Rights In Horton Hears A Who!, Anne Mcgillivray Jan 2014

Horton Hears A Twerp: Myth, Law, And Children’S Rights In Horton Hears A Who!, Anne Mcgillivray

NYLS Law Review

No abstract provided.


International Law, Armed Conflict, And The Construction Of Otherness: A Critical Reading Of Dr. Seuss’S The Butter Battle Book And A Renewed Call For Global Citizenship, John Hursh Jan 2014

International Law, Armed Conflict, And The Construction Of Otherness: A Critical Reading Of Dr. Seuss’S The Butter Battle Book And A Renewed Call For Global Citizenship, John Hursh

NYLS Law Review

No abstract provided.


The Sneetches As An Allegory For The Gay Rights Struggle: Three Prisms, Peter Nicolas Jan 2014

The Sneetches As An Allegory For The Gay Rights Struggle: Three Prisms, Peter Nicolas

NYLS Law Review

No abstract provided.


Dr. Seuss’S (Un)Civil Imaginaries, Donald E. Pease Jan 2014

Dr. Seuss’S (Un)Civil Imaginaries, Donald E. Pease

NYLS Law Review

No abstract provided.


Is The Butter Battle Book’S Bitsy Big-Boy Boomeroo Banned? What Has International Law To Say About Weapons Of Mass Destruction?, Roger S. Clark Jan 2014

Is The Butter Battle Book’S Bitsy Big-Boy Boomeroo Banned? What Has International Law To Say About Weapons Of Mass Destruction?, Roger S. Clark

NYLS Law Review

No abstract provided.


Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng Jan 2014

Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng

NYLS Law Review

No abstract provided.


No Matter How Small... Property, Autonomy, And State In Horton Hears A Who!, Jorge L. Contreras Jan 2014

No Matter How Small... Property, Autonomy, And State In Horton Hears A Who!, Jorge L. Contreras

NYLS Law Review

No abstract provided.


23andme, The Food And Drug Administration, And The Future Of Genetic Testing, Patricia Zettler, Jacob S. Sherkow, Henry Greely Jan 2014

23andme, The Food And Drug Administration, And The Future Of Genetic Testing, Patricia Zettler, Jacob S. Sherkow, Henry Greely

Other Publications

On November 22, 2013, the US Food and Drug Administration (FDA) effectively halted health-related direct-to-consumer genetic testing in the United States by sending a warning letter to 23andMe, the leading company in the field, directing it to stop providing such testing. The FDA acted as the era of widespread, clinical use of DNA sequencing rapidly approaches. The agency’s action will contribute to changes in which genetic tests are offered to patients and how testing is provided.


The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow Jan 2014

The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow

Articles & Chapters

It has long been assumed that the doctrine of patent eligibility’s prohibition of patents on “laws of nature,” “natural phenomena,” and “products of nature” rests on legalistic interpretations of those terms. But there is good reason to doubt this assumption. Since the doctrine’s inception, the Supreme Court has yet to provide any framework, formula, or factors explaining these “natural” terms. Rather, the Court has increasingly fixated on a list of scientific tropes, such as gravity, the heat of the Sun, and extracted metals, that it believes are true examples of “natural laws,” “phenomena,” and “products.”

An actual examination of scientific …


Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow Jan 2014

Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow

Articles & Chapters

The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.

The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …


The Law Of The Image And The Image Of The Law: Colonial Representations Of The Rule Of Law, Desmond Manderson Jan 2013

The Law Of The Image And The Image Of The Law: Colonial Representations Of The Rule Of Law, Desmond Manderson

NYLS Law Review

No abstract provided.


Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano Jan 2012

Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano

Articles & Chapters

This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.


Regulatory Competition, Choice Of Forum And Delaware’S Stake In Corporate Law, Faith Stevelman Jan 2009

Regulatory Competition, Choice Of Forum And Delaware’S Stake In Corporate Law, Faith Stevelman

Articles & Chapters

As Delaware corporate law confronts the twenty-first-century global economy, the state's legislators and jurists are becoming sensitive to increased threats to the law's sustained preeminence. The increased presence of federal laws and regulations in areas of corporate governance traditionally allocated to the states has been widely noted. The growth of federal corporate law standards may be undermining Delaware's confidence in the sustained prosperity of its chartering business - which has been a vital source of revenues and prestige for Delaware, its equity courts, and especially its corporate bar. The Delaware Court of Chancery appears to be concerned about the emigration …


Introduction, Arthur S. Leonard Jan 2007

Introduction, Arthur S. Leonard

NYLS Law Review

No abstract provided.


The Rise And Fall Of American Legal Education, Richard A. Matasar Jan 2005

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.


The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein Jan 2004

The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein

NYLS Law Review

No abstract provided.


The Honorable Nina Gershon, United States District Court For The Eastern District Of New York, Nina Gershon Jan 2004

The Honorable Nina Gershon, United States District Court For The Eastern District Of New York, Nina Gershon

NYLS Law Review

No abstract provided.


The Honorable Jose A. Cabranes, United States Court Of Appeals For The Second Circuit, Jose A. Cabranes Jan 2004

The Honorable Jose A. Cabranes, United States Court Of Appeals For The Second Circuit, Jose A. Cabranes

NYLS Law Review

No abstract provided.


Preface, Tanina Rostain, Donald H. Zeigler Jan 2004

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.


Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland Jan 2004

Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland

NYLS Law Review

No abstract provided.


Virtual Worlds As Comparative Law, James Grimmelmann Jan 2004

Virtual Worlds As Comparative Law, James Grimmelmann

NYLS Law Review

No abstract provided.


The Right To Play, Edward Castronova Jan 2004

The Right To Play, Edward Castronova

NYLS Law Review

No abstract provided.


Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer Jan 2004

Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer

NYLS Law Review

No abstract provided.