Digital Commons Network^™

The Research Patent, Sean B. Seymore

Vanderbilt Law Review

The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the chemical lacks a practical, non-research-based use at the time patent protection is sought. The fear is that an early-stage patent on a research input would confer too much control over yet-unknown uses for the chemical, thereby potentially hindering downstream innovation. Yet, denying patents on research inputs can frustrate patent law’s broad goal of protecting and promoting scientific and technological advances.

This Article addresses this problem by proposing a new form …

“Forgotten” By The Clean Water Act: The Anacostia River’S Evolving Environmental Justice Problems, Madeleine Dwyer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Role Of The Zealous Advocate: Implementing Lgbtqia+-Conscious Ethics In Juvenile Criminal Defense To Combat The School-To-Prison Pipeline, Mia Tyminski

Hofstra Law Student Works

The criminal legal system is no stranger to the concept of race-conscious ethics.² However, discussions surrounding other conscious-based ethics in our criminal legal system are scarce. Conscious-based ethics explore the need to understand the hardships a specific group undergoes without blinding oneself to the characteristics of the group. Conscious-based ethics seek out methods that reflect the historical significance and identities of specific groups.

There is a need for LGBTQIA+-conscious practices in the criminal legal system, especially within the juvenile criminal legal system. Youth that identify within the LGBTQIA+ community are more likely to engage with the criminal legal system …

An Investigation Of When The Antitrust Agencies Are Likely To Challenge A Pay-For-Delay Settlement Under Actavis, Thomas Y. Lu

Journal of Business & Technology Law

No abstract provided.

In Search Of Equality For Women: From Suffrage To Civil Rights, Nan D. Hunter

Duquesne Law Review

This article analyzes women’s rights advocacy and its impact on evolutions in the meaning of gender equality during the period from the achievement of suffrage in 1920 until the 1964 Civil Rights Act. The primary lesson is that one cannot separate the conceptualization of equality or the jurisprudential philosophy underlying it from the dynamics and characteristics of the social movements that actively give it life. Social movements identify the institutions and practices that will be challenged, which in turn determines which doctrinal issues will provide the raw material for jurisgenerative change. Without understanding a movement’s strategy and opportunities for action, …

The Future Of Our Fingerprints: The Importance Of Instituting Biometric Data Protections In Pennsylvania, Julia M. Siracuse

Duquesne Law Review

No abstract provided.

Black Women's Suffrage, The Nineteenth Amendment, And The Duality Of A Movement, Danielle M. Conway

Faculty Scholarly Works

America is at an unprecedented time with self-determination for Black women, and this phase of the movement is reverberating throughout this nation and around the world. There is no confusion for those who identify as Black women that this movement is perpetual, dating back to the enslavement of Black people in America by act and by law. One need only look to the intersecting crises of 2020 to discern the reality of Black women’s—and by extension the Black community and by further extension individuals and groups marginalized, subordinated, and oppressed by white patriarchy—perpetual struggle for civil and human rights.

To …

Stereotypes, Sexism And Superhuman Faculty, Teneille R. Brown

Utah Law Faculty Scholarship

This symposium article explores how law professors with caretaking responsibilities struggled so greatly during the first year of the COVID-19 pandemic. Because legal academia prioritizes masculine ideals of competence over warmth, faculty were expected to suppress their emotions and mental health needs in order to maintain the appearance of competence. While students were allowed to be seen as vulnerable individuals needing accommodations, we did not extend this same compassion to our faculty colleagues. To explain why the treatment was so disparate, I incorporated existing research on the stereotype content model (SCM) and psychological theories of dehumanization. These theories help to …

Building A Community Of Inquiry Through Interactive Materials: The Interactive Syllabus, Joshua Aaron Jones

Nova Law Review

No abstract provided.

Fashion, Models, And Intellectual Property, Andres Sawicki

Articles

In this Article, I revisit the impact of Professor Kal Raustiala and Professor Christopher Sprigman 's landmark article, The Piracy Paradox. Their work identified an empirical anomaly that was difficult to explain in light of the standard justification for intellectual property rights: although IP law does not grant meaningful exclusivity in novel fashion designs, the fashion industry invests significant resources developing those novel designs. To account for this anomaly, The Piracy Paradox shifted the focus from the supply side of innovation to the demand side. The standard justification emphasized that innovators face threats of copying that they cannot easily …

A Right Of Ethical Consideration For Non-Human Animals, Michael Ray Harris

UC Law Environmental Journal

No abstract provided.

Introduction, David Faigman

The Judges' Book

No abstract provided.

Antitrust Law: Pharmaceutical “Pay For Delay” Reexamined, Robin Feldman

The Judges' Book

No abstract provided.

Maneuver Enhancement Brigade, United States Army

United States Army: Field Manuals

Maneuver Enhancement Brigade, United States Army Field Manual FM 3-81

Brigade Combat Team, United States Army

United States Army: Field Manuals

Brigade Combat Team, United States Army Field Manual FM 3-96

Evidence: Evidence Of Memory From Brain Data, Emily Murphy

The Judges' Book

No abstract provided.

Closing The Patent Loophole Across Borders, 20 Uic Rev. Intell. Prop. L. 358 (2021), Mattias Rättzén

UIC Review of Intellectual Property Law

No abstract provided.

Immunex V. Sandoz: Drafting Assignments As Licenses To Avoid Obviousness-Type Double Patenting, 20 Uic Rev. Intell. Prop. L. 412 (2021), Michael Mand

UIC Review of Intellectual Property Law

No abstract provided.

The Wolf We Feed: Democracy, Caste, And Legitimacy, Benjamin Justice, Tracey L. Meares

Michigan Law Review Online

Procedure is central to American public legal discourse. From the soaring rhetoric of the Declaration of Independence to the Due Process Clause of the Fourteenth Amendment, the American legal tradition rests on the principle that law must be both derived and applied according to fair process. Consider that in the 2020 election the Trump Administration resorted to fervent and false allegations of widespread voter fraud—that the election process was fundamentally unfair—in order to weaponize Republican voters’ ostensible commitments to fairness against what was, objectively, one of the least procedurally unfair elections in history. Yet the four-year period of the Trump …

Pricing Drugs Fairly, Govind C. Persad

Sturm College of Law: Faculty Scholarship

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Sturm College of Law: Faculty Scholarship

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

Strategies And Techniques For Teaching Environmental Law, Heidi Gorovitz Robertson

Law Faculty Books

Teaching law students is an enormous privilege and an immense responsibility. Teaching Environmental Law, in particular, gives the professor an opportunity to help future lawyers understand some important lessons. First, contrary to the belief of many first-year law students, the legal system is not made up entirely of courts. It’s not all judicial and it’s not all adversarial. The statutes Congress creates need implementation and that’s the role of agencies. Lawyers can do a world of good by working in and around legislatures and agencies and with the people who staff them. Environmental lawyers can help shape legislation, the resulting …

Armies, Corps, And Division Operations, United States Army

United States Army: Field Manuals

Armies, Corps, and Division Operations, United States Army Field Manual FM 3-94

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Normative Dimensions Of Consensual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Faculty Scholarship

No abstract provided.

Envisioning The Ftc As A Facilitator Of Blockchain Technology Adoption In The Direct-To-Consumer Genetic Testing Industry, Noah Spector

Vanderbilt Journal of Entertainment & Technology Law

Seemingly overnight, the kingpins of the direct-to-consumer genetic testing (DTC-GT) industry shifted their focus from exploring their customers’ DNA to commodifying it. Companies like Ancestry or 23andMe that were once exclusively known as mere sources of “infotainment” now regularly sell consenting customers’ genetic data to pharmaceutical researchers or use it to develop drugs of their own. To gain these customers’ consent, both firms employ a series of long, complex clickwrap contracts that largely fail to apprise their readers of the potential risks of sharing their genetic data. Nor do these agreements provide any form of compensation to those consumers whose …

Copyright And The Creative Process, Mark Bartholomew

Journal Articles

Copyright is typically described as a mechanism for encouraging the production of creative works. On this view, copyright protection should be granted to genuinely creative works but denied to non-creative ones. Yet that is not how the law works. Instead, almost anything—from test answer sheets to instruction manuals to replicas of items in the public domain—is deemed creative and therefore eligible for copyright protection. This is the consequence of a century of copyright doctrine assuming that artistic creativity is incapable of measurement, unaffected by personal motivation, and incomprehensible to novices and experts alike. Recent neuroscientific research contradicts these assumptions. It …

No Child Should Feel Left Behind: The Illegality Of Orphanage Voluntourism Under Article 19 Of The United Nations Convention Of The Rights Of A Child, Lily Baron

American University International Law Review

No abstract provided.

Ensuring Access To Accurate Information And Combatting Misinformation, Diane Orentlicher

American University International Law Review

No abstract provided.