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Articles 1 - 30 of 90
Full-Text Articles in Entire DC Network
The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M.L. Acri, Evan Weidner
The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M.L. Acri, Evan Weidner
Fordham Intellectual Property, Media and Entertainment Law Journal
A company that earns premarket approval of its medical device is entitled to an extension of one patent claiming the device, to make up for some of the time it spent doing premarket research. Yet, surprisingly, a mere thirteen percent of those eligible for this extension (also known as patent term “restoration”) ask for one. In contrast, most drug companies entitled to this same patent extension ask for one. In this Article, we attribute the imbalance largely to differences between the two regulatory frameworks. In brief, because the FDA classifies and regulates devices based on what they do and how …
The Evolution Of Municipal Water Service: From Providers To Comprehensive Water Managers, Dan Tarlock
The Evolution Of Municipal Water Service: From Providers To Comprehensive Water Managers, Dan Tarlock
Fordham Urban Law Journal
No abstract provided.
Covid-19 Aggregate Litigation: The Search For The Upstream Wrongdoer, Robert H. Klonoff
Covid-19 Aggregate Litigation: The Search For The Upstream Wrongdoer, Robert H. Klonoff
Fordham Law Review
The COVID-19 pandemic has generated many suits—including thousands of class actions—in which plaintiffs claim that defendants caused economic or health-related harm. Although the COVID-19 context may have led many plaintiffs’ lawyers to believe that the cases would be received with great sympathy, courts thus far have been very cautious, focusing closely—as they do in non-COVID cases—on whether the defendant has breached clear contractual commitments or has engaged in tortious or other wrongdoing. If anything, courts have been more skeptical and cautious in the COVID-19 context, recognizing that everyone has suffered due to the pandemic and that, in many instances, defendants …
“Fair” In The Future? Long-Term Limitations Of The Supreme Court’S Use Of Incrementalism In Fair Use Jurisprudence, Jonathan Alexander Fisher
“Fair” In The Future? Long-Term Limitations Of The Supreme Court’S Use Of Incrementalism In Fair Use Jurisprudence, Jonathan Alexander Fisher
Fordham Intellectual Property, Media and Entertainment Law Journal
April 2021 marked the most recent instance of the Supreme Court discussing copyright law, and more specifically fair use, in Google LLC v. Oracle America, Inc. The April 2021 decision notably resolved the case solely on fair use grounds, avoiding a difficult question as to the copyrightability of computer code that generates software user interfaces. By resolving this specific case in this manner, the Supreme Court’s actions seemingly confirm a pattern among fair use cases in which rulings made “narrowly” on the unique factual predicate often produce unclear applications within the “broader” context of fair use. Given the flexible, judge-made …
Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs
Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs
Fordham Journal of Corporate & Financial Law
Non-profit corporations must comply with federal tax laws, and their governing bodies must satisfy corporation law-based duties, but they are not subject to the regulatory requirements of publicly traded corporations. This discrepancy should be troubling, because the stakeholders of non-profit organizations are far more vulnerable than the typical investor. Accordingly, non-profit boards have a particularly strong need for good governance. However, our research shows that non-profit board members believe that board selection procedures prioritize giving over the ability to attract and retain members with attributes commonly associated with good governance. To address this problem, we argue that laws should require …
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Fordham Law Review
Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
Artificial Intelligence In Pharmaceuticals, Biologics, And Medical Devices: Present And Future Regulatory Models, David W. Opderbeck
Artificial Intelligence In Pharmaceuticals, Biologics, And Medical Devices: Present And Future Regulatory Models, David W. Opderbeck
Fordham Law Review
Artificial intelligence (AI) and AI-assisted technologies are set to transform the pharmaceutical, biologic, and medical device industries. AI is accelerating a convergence in the pharmaceutical and medical device industries and, in the health-care industry more broadly, is similar to the convergence of the media, entertainment, and communications industries.
Barbers, Caregivers, And The “Disciplinary Subject”: Occupational Licensure For People With Criminal Justice Backgrounds In The United States, Alec C. Ewald
Fordham Urban Law Journal
No abstract provided.
Collaboration Versus Competition In Health Care: The Role Of State Action Antitrust Immunity In New York’S Medicaid Reform Initiative, Zachary E. Sproull
Collaboration Versus Competition In Health Care: The Role Of State Action Antitrust Immunity In New York’S Medicaid Reform Initiative, Zachary E. Sproull
Fordham Urban Law Journal
No abstract provided.
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Fordham Intellectual Property, Media and Entertainment Law Journal
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …
Big Soda: Too Sweet To Fail?, Cara Kaplan
Big Soda: Too Sweet To Fail?, Cara Kaplan
Fordham Urban Law Journal
No abstract provided.
The Other Pill: Expanding Access To Pre-Exposure Prophylaxis To Prevent Hiv Transmission Among Minors In New York, Aaron Neishlos, Michael D’Ambrosio
The Other Pill: Expanding Access To Pre-Exposure Prophylaxis To Prevent Hiv Transmission Among Minors In New York, Aaron Neishlos, Michael D’Ambrosio
Fordham Urban Law Journal
No abstract provided.
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Fordham Urban Law Journal
No abstract provided.
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Fordham Urban Law Journal
No abstract provided.
Crime, Surveillance, And Communities, Bennett Capers
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Fordham Urban Law Journal
No abstract provided.
Slipping Through The Cracks: How Tiny Plastic Microbeads Are Currently Escaping Water Treatment Plants And International Pollution Regulation, Guy Graney
Fordham International Law Journal
No abstract provided.
Institutional Design, Agency Life Cycle, And The Goals Of Competition Law, David A. Hyman, William E. Kovacic
Institutional Design, Agency Life Cycle, And The Goals Of Competition Law, David A. Hyman, William E. Kovacic
Fordham Law Review
No abstract provided.
Antitrust’S Democracy Deficit, Harry First, Spencer Weber Waller
Antitrust’S Democracy Deficit, Harry First, Spencer Weber Waller
Fordham Law Review
No abstract provided.
How Antitrust Lost Its Goal, Barak Orbach
How Antitrust Lost Its Goal, Barak Orbach
Fordham Law Review
During the first seven decades following the enactment of the Sherman Act, competition was the uncontroversial goal of antitrust. The introduction of the consumer welfare standard led to the dissipation of “competition” as the goal of U.S. competition laws. This Essay explores how antitrust lost the goal of competition and argues that this goal should be restored. The Essay reevaluates several influential antitrust propositions. First, while “consumer welfare” was offered as a remedy for reconciling contradictions and inconsistencies in antitrust, the adoption of the consumer welfare standard sparked an enduring controversy, causing confusion and doctrinal uncertainty. In effect, the consumer …
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons
Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons
Fordham Intellectual Property, Media and Entertainment Law Journal
Often in the case of a marriage where one partner is a creative spouse, the primary marital asset is a body of copyrighted works. In 2013, author-spouses entered the period when they may begin to terminate any putative copyright transfer to the community property estate or terminate other transfers that may be the basis for prenuptial or postnuptial agreements, property settlements, or dissolution decrees in divorce actions. Section 203 of the 1976 Copyright Act provides that an author may unilaterally terminate a transfer of copyright approximately thirty-five years after the initial transfer. In community property states, state law assumes that …
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Global Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho
Fordham International Law Journal
No abstract provided.
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Down The Drain: Pharmaceutical Waste Disposal In The United States, Toby K. Morgan
Down The Drain: Pharmaceutical Waste Disposal In The United States, Toby K. Morgan
Fordham Environmental Law Review
No abstract provided.
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
Fordham Urban Law Journal
This Note examines, in three parts, presumed consent laws as they pertain to organ donation. Part I discusses presumed consent and explains the salient features of presumed consent laws. It then discusses case law that addresses the aftermath of unauthorized organ or tissue harvesting. Part II evaluates the United States Supreme Court's evolving conceptions of the rights of individual and family-based privacy, autonomy, and liberty, for subsequent application to the presumed consent organ donation controversy. Part III analyzes presumed consent laws in light of the donors and their families' privacy, autonomy, and liberty interests. The Note concludes that current presumed …
Public Use In The Dirigiste Tradition: Private And Public Benefit In An Era Of Agglomeration, Steven J. Eagle
Public Use In The Dirigiste Tradition: Private And Public Benefit In An Era Of Agglomeration, Steven J. Eagle
Fordham Urban Law Journal
Dirigisme is the "policy of state direction and control in economic and social matters. This Article examines dirigisme as it relates to state control of land use. It also analyzes the development of eminent domain law and the requirement that takings be for public use. The author argues that the New York Court of Appeals "subordinates constitutional protections for private property to centralized development," specifically examining the recent Goldstein and Kaur opinions. The Article also discusses the implications of condemnation for transfer for private redevelopment, including lack of transparency, secondary rent seeking, possibilities of corruption, and the inefficient use of …
Reclaiming The Promise Of The Judicial Branch: Toward A More Meaningful Standard Of Judicial Review As Applied To New York Eminent Domain Law, Paula Franzese
Reclaiming The Promise Of The Judicial Branch: Toward A More Meaningful Standard Of Judicial Review As Applied To New York Eminent Domain Law, Paula Franzese
Fordham Urban Law Journal
This Article asserts that the New York model of eminent domain and judicial review must be reworked to provide a meaningful balance between private property rights and concerns for public good. Part I sets forth current doctrine and procedure which New York agencies must follow when exercising the power of eminent domain. Part II explores how blight has become a "standardless standard" in New York. Part III examines New York courts' reluctance to overturn agency decisions and the potential for abuse that this creates. Part IV examines other jurisdictions which have imposed stricter standards when examining public use. Part V …