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The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts 2010 Northwestern Pritzker School of Law

The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James DeGiulio 2010 Northwestern Pritzker School of Law

The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Is Patent Hold-Up Anticompetitive?, Vishesh Narayen 2010 Northwestern Pritzker School of Law

Is Patent Hold-Up Anticompetitive?, Vishesh Narayen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley 2010 Northwestern Pritzker School of Law

To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson 2010 Northwestern Pritzker School of Law

The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag 2010 Northwestern Pritzker School of Law

Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr 2010 Northwestern Pritzker School of Law

Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner 2010 Northwestern Pritzker School of Law

Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook 2010 Northwestern Pritzker School of Law

Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes 2010 Northwestern Pritzker School of Law

Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ensuring Innovation As The Internet Matures: Competing Interpretations Of The Intellectual Property Exception To The Communications Decency Act Immunity, Joshua Dubnow 2010 Northwestern Pritzker School of Law

Ensuring Innovation As The Internet Matures: Competing Interpretations Of The Intellectual Property Exception To The Communications Decency Act Immunity, Joshua Dubnow

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Update: Coppa Is Ineffective Legislation! Next Steps For Protecting Youth Privacy Rights In The Social Networking Era, Lauren A. Matecki 2010 Northwestern Pritzker School of Law

Update: Coppa Is Ineffective Legislation! Next Steps For Protecting Youth Privacy Rights In The Social Networking Era, Lauren A. Matecki

Northwestern Journal of Law & Social Policy

In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA) in response to growing concerns over the dissemination of children's personal information over the Internet. Under COPPA's provisions, websites are prohibited from collecting personal information from children under the age of twelve without "verifiable parental consent." While in theory COPPA sought to provide parents the control over their children's personal information on the Internet, its practical effect causes websites to attempt to ban children through age screening mechanisms that remain largely ineffective.Twelve years after the passage of COPPA, the landscape of the Internet is ...


Putting The Brakes On The Preventive State: Challenging Residency Restrictions On Child Sex Offenders In Illinois Under The Ex Post Facto Clause, Michelle Olson 2010 Northwestern Pritzker School of Law

Putting The Brakes On The Preventive State: Challenging Residency Restrictions On Child Sex Offenders In Illinois Under The Ex Post Facto Clause, Michelle Olson

Northwestern Journal of Law & Social Policy

This Comment explores whether a viable challenge to residency restrictions on child sex offenders in Illinois exists under the Ex Post Facto Clauses of the federal and state constitutions. It also recounts the history of sex offender regulation in Illinois and explores the social and political environment that fostered the emergence of residency restrictions in the state. Part I provides a brief overview of the history and purpose of the Ex Post Facto Clause. It also highlights the recent resurgence of preventive lawmaking; that is, laws that work to prevent crime rather than detect and investigate it, and laws that ...


Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks 2010 Northwestern University School of Law

Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks

Faculty Working Papers

In a 2008 paper published in the Vanderbilt Law Review entitled "The Individualization Fallacy in Forensic Science Evidence," we argued that no scientific basis exists for the proposition that forensic scientists can "individualize" an unknown marking (such as a fingerprint, tire track, or handwriting sample) to a particular person or object to the exclusion of all others in the world. In this special issue of the Brooklyn Law Review, we clarify, refine, and extend some of the ideas presented in Fallacy. Some of the refinements are prompted by Professor David Kaye's paper, also in this issue of the Review ...


How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman 2010 Northwestern University School of Law

How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.


Cleaning The Murky Safe Harbor For Forward-Looking Statements: An Inquiry Into Whether Actual Knowledge Of Falsity Precludes The Meaningful Cautionary Statement Defense, Allan Horwich 2010 Northwestern University School of Law

Cleaning The Murky Safe Harbor For Forward-Looking Statements: An Inquiry Into Whether Actual Knowledge Of Falsity Precludes The Meaningful Cautionary Statement Defense, Allan Horwich

Faculty Working Papers

Congress included a safe harbor for forward-looking statements in the 1995 Private Securities Litigation Reform Act. This affords certain issuers and other specified persons limited protection from civil liability for damages under the Securities Act of 1933 and the Securities Exchange Act of 1934 when the projections or objectives in a forward-looking statement are not realized, i.e., turn out to be false. The safe harbor contains two principal elements, in addition to protection for "immaterial" statements: one prong where projections are accompanied by "meaningful cautionary statements," the second prong where the plaintiff fails to prove that the speaker made ...


Careful With That Gun: Lee, George, Wax, And Geach On Gay Rights And Same-Sex Marriage, Andrew Koppelman 2010 Northwestern University School of Law

Careful With That Gun: Lee, George, Wax, And Geach On Gay Rights And Same-Sex Marriage, Andrew Koppelman

Faculty Working Papers

Many Americans think that homosexual sex is morally wrong and oppose same-sex marriage. Philosophers trying to defend these views have relied on two strategies. One is to claim that such sex is wrong irrespective of consequences: there is something intrinsic to sex that makes it only licit when it takes place within a heterosexual marriage (in which there is no contraception or possibility of divorce). Patrick Lee and Robert P. George have developed and clarified this claim. The second strategy focuses on consequences: the baleful effects on heterosexual families of societal tolerance for homosexuality. Amy Wax (who is not a ...


No Respect: Brian Leiter On Religion, Andrew Koppelman 2010 Northwestern University School of Law

No Respect: Brian Leiter On Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.


Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman 2010 Northwestern University School of Law

Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman

Faculty Working Papers

Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.


Fcc Regulation And Increased Ownership Concentration In The Radio Industry, Peter DiCola 2010 Northwestern University School of Law

Fcc Regulation And Increased Ownership Concentration In The Radio Industry, Peter Dicola

Faculty Working Papers

In 1996, Congress increased the limits on how many radio stations one firm can own within a single "radio market." To enforce these limits, the FCC used an idiosyncratic method of defining radio markets, based on the complex geometry of the signal contour patterns of radio stations' broadcasts. Using a unique geographic data set, this paper provides the first calculations of the pre- and post-1996 limits on local radio ownership as actually implemented by the FCC. The limits are surprisingly permissive and vary considerably from city to city. While the limits were seldom binding on radio firms, I find a ...


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