Digital Commons Network^™

Do Economic Downturns Dampen Patent Litigation?, Alan C. Marco, Shawn P. Miller, Ted M. Sichelman

Faculty Scholarship

Recent studies estimate that the economic impact of U.S. patent litigation may be as large as $80 billion per year and that the overall rate of U.S. patent litigation has been growing rapidly over the past twenty years. And yet, the relationship of the macroeconomy to patent litigation rates has never been studied in any rigorous fashion. This lacuna is notable given that there are two opposing theories among lawyers regarding the effect of economic downturns on patent litigation. One camp argues for a substitution theory, holding that patent litigation should increase in a downturn because potential plaintiffs have a …

Freedom From Detention For Central American Families, Jennifer Moore

Faculty Scholarship

August 19th is World Humanitarian Day, declared by the UN General Assembly in 2008, out of a growing concern for the safety and security of humanitarian workers who are increasingly killed and wounded in direct military attacks or infected by disease when helping to combat global health pandemics.

Resident Services In Mixed-Income Developments Phase 1: Survey Findings And Analysis, Taryn Gress, Mark L. Joseph, Alexandra Curley

Faculty Scholarship

In one of our roles as a central resource for research and information on mixed-income developments and communities, the National Initiative on Mixed-Income Communities conducts periodic scans of the mixed-income field on specific topics of pressing interest. The mixed-income approach has successfully transformed deteriorating public housing complexes into safer and more attractive developments for residents from a range of income levels. However, the emerging literature on mixed-income development suggests that improvements in social and economic well-being for low-income families are far more difficult to achieve. This current scan of the field provides an initial picture of how mixed-income developments across …

Degradation Science: Mesoscopic Evolution And Temporal Analytics Of Photovoltaic Energy Materials, Roger H. French, Rudolf Podgornik, Timothy J. Peshek, Laura S. Bruckman, Yifan Xu, Nicholas R. Wheeler, Abdulkerim Gok, Yang Hu, Mohammad A. Hossain, Devin A. Gordon, Pei Zhao, Jiayang Sun, Guo-Qiang Zhang

Faculty Scholarship

Based on recent advances in nanoscience, data science and the availability of massive real-world datastreams, the mesoscopic evolution of mesoscopic energy materials can now be more fully studied. The temporal evolution is vastly complex in time and length scales and is fundamentally challenging to scientific understanding of degradation mechanisms and pathways responsible for energy materials evolution over lifetime. We propose a paradigm shift towards mesoscopic evolution modeling, based on physical and statistical models, that would integrate laboratory studies and real-world massive datastreams into a stress/mechanism/response framework with predictive capabilities. These epidemiological studies encompass the variability in properties that affect performance …

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

Faculty Scholarship

During the housing crisis banks were confronted with a previously unknown number mortgage foreclosures, and even as the height of the crisis has passed lenders are still dealing with a tremendous backlog. Overtime lenders have increasingly engaged third party contractors to assist them in managing these assets. These property management companies — with supposed expertise in the management and preservation of real estate — have taken charge of a large swathe of distressed properties in order to ensure that, during the post-default and pre-foreclosure phases, the property is being adequately preserved and maintained. But in mid-2013 a flurry of articles …

Law's Acceleration Of Finance: Redefining The Problem Of High-Frequency Trading, Frank Pasquale

Faculty Scholarship

No abstract provided.

The Mouse That Trolled: The Long And Tortuous History Of A Gene Mutation Patent That Became An Expensive Impediment To Alzheimer's Research, Tania Bubela, Saurabh Vishnubhakat, Robert Cook-Deegan

Faculty Scholarship

This case study presents the tale of the academic discovery of a rare mutation for early-onset Alzheimer's disease that was patented by a sole inventor and licensed to a non-practicing entity (NPE), the Alzheimer's Institute of America (AIA). Our aims are (1) to relate this story about patents, research tools, and impediments to medical progress, and (2) to inform ongoing debates about how patents affect research, disposition of university inventions, and the distribution of benefits from publicly funded research. We present an account of the hunt for Alzheimer's genes, their patenting, assignment, and enforcement based on literature, litigation records and …

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …

Corporations As Lawmakers, Julian Arato

Faculty Scholarship

No abstract provided.

Threshold Liberty, Dawinder S. Sidhu

Faculty Scholarship

To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …

Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak

Faculty Scholarship

The report finds that clean transportation policies could cut greenhouse gas emissions between 29 to 40 percent in the TCI region by 2030. A comprehensive implementation of state policies could result in net cost savings of up to $72.5 billion over 15 years for businesses and consumers, along with tens of thousands of new jobs and improvements in public health.

Dualism And Doctrine, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.

The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green

Faculty Scholarship

In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Faculty Scholarship

An evaluation of normative and legal frameworks to encourage the employment of people with criminal convictions is in order. While current approaches are likely to eliminate overbroad initial hiring screens, there remains the unfinished project of reintegrating persons with criminal convictions into the workforce. For this, policy tools are needed to discourage the misuse of irrelevant criminal convictions and to encourage a contextualized evaluation of criminal convictions and the fair consideration of applicants’ qualifications separate from them.

This Article proposes a disability normative and legal framework as a useful approach to guide this analysis. Disability laws first consider the privacy …

Spying Inc., Danielle K. Citron

Faculty Scholarship

The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners. Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …

The Picture Begins To Assert Itself: Rules Of Construction For Essential Health Benefits In Health Insurance Plans Subject To The Affordable Care Act, Wendy K. Mariner

Faculty Scholarship

As the ACA shifts the function of health insurance from voluntary contract to a means of financing health care, it poses some challenges to traditional doctrines for interpreting health plan provisions. This article explores whether and how the doctrine of reasonable expectations and rules of statutory interpretation might apply to Essential Health Benefits coverage. A functional approach linking the two into a doctrine of reasonable statutory expectations could move us toward developing more consistent rules of interpretation within a more realistic conception of contemporary health insurance.

Panel On Sex Trafficking (Transcript), Cyra Choudhury, Aziza Ahmed, Sienna Baskin, Sandy Skelaney

Faculty Scholarship

AHMED: I am going to speak today about how anti-trafficking efforts are undermining HIV best practices. I hope to explore a series of questions: Why has the anti-trafficking movement become so counterproductive for sex workers? Finally, how do debates on trafficking travel and impact women in countries heavily impacted by HIV?

I thought I would begin by giving a little bit of history and context on the issue of feminism, sex work, and HIV. When HIV was first discovered in the 1980s, the initial response was almost universally coercive and stigmatizing towards the communities that were at high risk for …

The Law On Insider Trading Lacks Needed Definition, Roberta Karmel

Faculty Scholarship

No abstract provided.

Scaling Cost-Sharing To Wages: How Employers Can Reduce Health Spending And Provide Greater Economic Security, Christopher Robertson

Faculty Scholarship

In the employer-sponsored insurance market that covers most Americans many workers are “underinsured.” The evidence shows onerous out-of-pocket payments causing them to forgo needed care, miss work, and fall into bankruptcies and foreclosures. Nonetheless, many higher-paid workers are “overinsured”: the evidence shows that in this domain, surplus insurance stimulates spending and price inflation without improving health. Employers can solve these problems together by scaling cost-sharing to wages. This reform would make insurance better protect against risk and guarantee access to care, while maintaining or even reducing insurance premiums.

Yet, there are legal obstacles to scaled cost-sharing. The group-based nature of …

What Will It Take To Address The Global Threat Of Antibiotic Resistance?, Kevin Outterson, Steven J. Hoffman

Faculty Scholarship

Antibiotic resistance is a global threat that may be beyond the capacity of any one country to address. We assess the three primary issues (access, conservation and innovation) and discuss which require higher levels of global coordination.

Mobas: Identification Of Disease-Associated Protein Subnetworks Using Modularity-Based Scoring, Marzieh Ayati, Sinan Erten, Mark R. Chance, Mehmet Koyutürk

Faculty Scholarship

Network-based analyses are commonly used as powerful tools to interpret the findings of genome-wide association studies (GWAS) in a functional context. In particular, identification of disease-associated functional modules, i.e., highly connected protein-protein interaction (PPI) subnetworks with high aggregate disease association, are shown to be promising in uncovering the functional relationships among genes and proteins associated with diseases. An important issue in this regard is the scoring of subnetworks by integrating two quantities: disease association of individual gene products and network connectivity among proteins. Current scoring schemes either disregard the level of connectivity and focus on the aggregate disease association of …

A Technology-Enabled Adherence Enhancement System For People With Bipolar Disorder: Results From A Feasibility And Patient Acceptance Analysis, Martha Sajatovic, Kristina A. Cassidy, Johnny Sams, Edna Fuentes-Casiano

Faculty Scholarship

Objective: As poor medication adherence is common in bipolar disorder (BD), technology-assisted approaches may help to monitor and enhance adherence. This study evaluated preliminary feasibility, patient satisfaction and effects on adherence, BD knowledge, and BD symptoms associated with the use of a multicomponent technology-assisted adherence enhancement system. Methods: This prospective study tested the system in five BD patients over a 15-day period. System components included: 1) an automated pill cap with remote monitoring sensor; 2) a multimedia adherence enhancement program; and 3) a treatment incentive program. This study evaluated system usability, patient satisfaction and effects on adherence (Morisky scale), knowledge …

Trade Secret Hacking, Online Data Breaches, And China's Cyberthreats, Peter K. Yu

Faculty Scholarship

Online hacking from China, Iran, North Korea, Russia, and other parts of the world has caught the attention of U.S. policymakers, commentators, and the American public. For example, the discussion of the systematic attacks launched by potentially government-sponsored Chinese hackers reinforces the view that China is using all means necessary to compete against the United States. Most recently, the unprecedented cyberattack on Sony's movie studio also delayed and scaled back the nationwide theatrical release of the film The Interview. This attack led President Obama to call for greater cooperation between the government and the private sector to protect cybersecurity and …

The New Doctrinalism: Implications For Evidence Theory, Alex Stein

Faculty Scholarship

No abstract provided.

Payday Lenders, Vehicle Title Loans, And Small-Value Financing: The Cfpb's Proposal To Regulate The Fringe Economy, Christopher K. Odinet

Faculty Scholarship

The market for payday lenders, businesses that provide vehicle title loans, and other small-value financing players is rife with controversy. Some see them as predatory lenders that weave a web of never-ending debt designed to capture the weakest and most economically vulnerable of society. However, advocates of these financial institutions argue that for many Americans who are otherwise shut out of the conventional lending market, these players provide the only viable source of credit in times of economic hardship. Whatever the view, these businesses, their borrowers, and the credit markets that they together comprise are often referred to in legal …

Are Staphylococcus Intermedius Infections In Humans Cases Of Mistaken Identity? A Case Series And Literature Review, Roberto Viau, Andrea M. Hujer, Kristine M. Hujer, Robert A. Bonomo, Robin L.P. Jump

Faculty Scholarship

Staphylococcus intermedius and Staphylococcus pseudintermedius are difficult to distinguish using conventional microbiological methods. Molecular diagnostic tools change our understanding of the epidemiology of these 2 organisms. In this study, we present (1) a detailed review of the current literature on molecular diagnostics and (2) a case series in which misidentification was proven in 1 case. We conclude that S pseudintermedius is a more common human pathogen than previously recognized.

Sovereignty And Subversion, Alice Ristroph

Faculty Scholarship

No abstract provided.

Setting A Minimum Standard Of Care In Clinical Trials: Human Rights Law And Bioethics As Complementary Frameworks, Fatma E. Marouf, Bryn S. Esplin

Faculty Scholarship

For the past few decades, there has been intense debate in bioethics about the standard of care that should be provided in clinical trials conducted in developing countries. Some interpret the Declaration of Helsinki to mean that control groups should receive the best intervention available worldwide, while others interpret this and other international guidelines to mean the best local standard of care. Questions of justice are particularly relevant where limited resources mean that the local standard of care is no care at all. Introducing human rights law into this complex and longstanding debate adds a new and important perspective. Through …

Re-Examination Of 30-Day Survival And Relapse Rates In Patients With Thrombotic Thrombocytopenic Purpura-Hemolytic Uremic Syndrome, Cassiana E. Bittencourt, Jennifer P. Ha, Robert W. Maitta

Faculty Scholarship

Background and Objectives: Thrombotic thrombocytopenic purpura (TTP) and hemolytic uremic syndrome (HUS) are characterized by microangiopathic hemolytic anemia and thrombocytopenia. Interestingly, markedly different survival rates have been reported despite increases in survivability. We studied TTP-HUS 30-day mortality and relapse rates of patients who received TPE at our institution and compared them to published data. Patients and Methods: Retrospective study analyzed 30-day mortality and relapse rates attributed to TTP-HUS from 01/01/2008 to 12/31/2012 and compared them to comparable literature reporting mortality and survival. Studies describing other etiologies for TPE and different mortality time interval were excluded. Results: Fifty-nine patients were analyzed …