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Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge 2016 University of Iowa College of Law

Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge

Jason Rantanen

The recently enacted Leahy-Smith America Invents Act (“AIA”) represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA’s imposition of a first-to-file-or-first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.


Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge 2016 University of Iowa College of Law

Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge

Jason Rantanen

The recently enacted Leahy-Smith America Invents Act (“AIA”) represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA’s imposition of a first-to-file-or-first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen 2016 University of Iowa College of Law

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

Jason Rantanen

No abstract provided.


An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy 2016 University of Kentucky College of Law

An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy

Michael P. Healy

Pepper v. Hart gave American lawyers a number of insights into the English law of statutory interpretation. For example, English law as described by the case was not as tidy as had been thought. To be sure, the case does state what Americans had believed was true about English law: “[u]nder present law, there is a general rule that references to parliamentary material as an aid to statutory construction is not permissible (the exclusionary rule).” Notwithstanding that rule, however, Pepper recognized that the rule of exclusion had an important and long-standing exception. This exception applies when the legislative materials ...


Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt 2016 University of Georgia School of Law

Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney 2016 University of Georgia School of Law

The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney

Georgia Journal of International & Comparative Law

No abstract provided.


Panama: The Proposed Transfer Of The Canal And Canal Zone By Treaty, Michael D. Simpson 2016 University of Georgia School of Law

Panama: The Proposed Transfer Of The Canal And Canal Zone By Treaty, Michael D. Simpson

Georgia Journal of International & Comparative Law

No abstract provided.


The Death Penalty In Traditional China, Chin Kim, Theodore R. LeBlang 2016 University of Illinois

The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang

Georgia Journal of International & Comparative Law

No abstract provided.


United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton 2016 US Army Trial Judiciary

United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton

Georgia Journal of International & Comparative Law

No abstract provided.


Payment Law: Legislative Competence In Canada, Benjamin Geva 2016 Osgoode Hall Law School of York University

Payment Law: Legislative Competence In Canada, Benjamin Geva

Benjamin Geva

This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as baking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.


Payment Law: Legislative Competence In Canada, Benjamin Geva 2016 Osgoode Hall Law School of York University

Payment Law: Legislative Competence In Canada, Benjamin Geva

Benjamin Geva

This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as banking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.


Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J. 2016 St. John's University School of Law

Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.

The Catholic Lawyer

No abstract provided.


Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette 2016 Mitchell Hamline School of Law

Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette

Mitchell Hamline Law Review

No abstract provided.


Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr. 2016 University of Georgia School of Law

Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr. 2016 University of Georgia School of Law

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Trading With Socialist Partners, Josef Rohlik 2016 Saint Louis University

Trading With Socialist Partners, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall 2016 University of Georgia

Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny 2016 Fordham University School of Law

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny

Georgia Journal of International & Comparative Law

No abstract provided.


The Device Of Fiction In Public International Law, Jean J. A. Salmon 2016 Université de Bruxelles

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan 2016 Nevada Law Journal

Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.


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