Digital Commons Network^™

The Assault On Pharmaceutical Intellectual Property, Bruce N. Kuhlik

University of Chicago Law Review

Pharmaceutical research and development is a lengthy, risky, and expensive enterprise. The industry depends uniquely on patent and trade secret protections to support its investments in innovative activities. However, recent legislative and regulatory developments threaten the value of pharmaceutical intellectual property in two distinct respects. First, patent and related protections are being restricted, and effective enforcement of these rights is being made increasingly difficult. Second, price controls and similar initiatives are interfering with market-based returns during the limited period in which patent rights are in force. This Essay describes the importance of intellectual property rights to the pharmaceutical industry, reviews …

Ex Ante Versus Ex Post Justifications For Intellectual Property, Mark A. Lemley

University of Chicago Law Review

The standard justification for intellectual property is ex ante: the goal of intellectual property is to influence behavior that occurs before the right comes into being. It is the prospect of the intellectual property right that spurs creative incentives. Of late, new justifications for intellectual property protection have begun to appear in the literature and in court decisions. These arguments focus not on the incentive to create new ideas, but on what happens to those ideas after they have been developed. I refer to these new arguments as ex post justifications for intellectual property because they defend intellectual property rights …

Rethinking Prosecution History Estoppel, Douglas Lichtman

University of Chicago Law Review

Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents sufficient evidence to the contrary, that every change triggers estoppel, and that the resulting estoppel forfeits everything except that which the revised claim language literally describes. The justification for these presumptions is that, implemented in this fashion, prosecution history …

Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson

University of Chicago Law Review

Differences in national intellectual property rules may cause economic activity to shift from one jurisdiction to another so that a higher-protection rule will be undermined by lower-protection rules of other jurisdictions. This Essay illustrates this with four examples: different rules on the enforceability of anti-reverse engineering clauses of software licenses, the protectability of bio-engineered research tools, peer-to-peer file sharing, and exceptions to anticircumvention rules. It considers several options nations may have to respond to such intellectual property arbitrage, none of which is likely to be very effective.

On The Need To Conduct Abstention Analysis In Bankruptcy-Related Cases Removed To Federal Court, Joseph C. Cavender

University of Chicago Law Review

No abstract provided.

Reference Renovated, James A. Van Fleet

Other Faculty Research and Publications

No abstract provided.

Research By Subject: A New Way To Look For Information Services, James A. Van Fleet, K Mcquiston, I O'Neill

Other Faculty Research and Publications

No abstract provided.

A New Tool For Chemists: Scifinder Scholar Database, James A. Van Fleet

Other Faculty Research and Publications

No abstract provided.

State Of Utah, Plaintiff And Petitioner, V. Anthony James Valdez, Defendant And Respondent.: Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

STATE OF UTAH, Plaintiff/Petitioner, v. ANTHONY JAMES VALDEZ, Defendant/Respondent. CaseNo.20040633-SC BRIEF OF PETITIONER UPON GRANT OF CERTIORARI REVIEW

The Pervasive Impact Of Information Technology On Internal Auditing, Sridhar Ramamoorti, Marcia L. Weidenmier

Books and Book Chapters by University of Dayton Faculty

The impetus for this supplemental chapter titled The Pervasive Impact of Information Technology on Internal Auditing comes from The Institute of Internal Auditors Research Foundation (IIARF) monograph, Research Opportunities in Internal Auditing (2003), hereafter ROIA. ROIA combines theory and practice in conceptual frameworks to promote an understanding of the contemporary internal auditing environment. The goals of ROIA include stimulating academic research on significant internal auditing topics and serving as a “communication bridge” between academics and practicing professionals.

ROIA provided us with internal auditing related subject matter content, including the most promising areas of information technology (IT) application in internal auditing. …

Preventing Club Lamb Fungus, Bill Epperson

SDSU Extension Extra Archives

“Club Lamb Fungus” is a disease caused by a fungus (Trichophyton) that infects the skin, resulting in circular scabby or dandruffy ringworm lesions. The fungus is able to live a long time in the environment on halters, shearing equipment, and sheep contact surfaces. Club Lamb Fungus has become prevalent in show lambs. It can infect any sheep, but show lambs are particularly susceptible. Because it is contagious from lamb to lamb and because people can get the disease, it has become an important disease to watch for in show lambs.

Recruiting Youth Volunteers For Your Organization, L. J. Osborne

SDSU Extension Extra Archives

When your organization is looking for volunteers in the community, do not forget to target young people. Recruiting youth is different from recruiting adult volunteers. Young people have certain requirements that need to be met if they are to become engaged in volunteer work and stay motivated to continue.

Mastitis Contagiosa Vs. Ambiental, Alavaro Garcia

SDSU Extension Extra Archives

La mastitis es una inflamación de la ubre causada por microorganismos que entran en la glándula a través del canal del pezón. Una vez dentro de la glándula, estos organismos encuentran condiciones ideales para multiplicarse y a su vez dañar el recubrimiento interno de los conductos lácteos, la cisterna y los alvéolos. Como resultado se estimula la respuesta immune de la vaca y los glóbulos blancos se trasladan hacia la ubre para combatir la infección. Esto resulta en un aumento en el recuento de células somáticas. Los organismos responsables de esta infección pueden clasificarse en dos grupos: contagiosos y ambientales.

Concert Recording 2004-12-04b, Matt Cunningham

Concert Recordings & Programs

No abstract provided.

Concert Recording 2004-11-21, Nicole Cotton

Concert Recordings & Programs

No abstract provided.

Concert Recording 2004-04-10a, Adams Collins, Fernando Valencia, Aaron Ragsdale, Chalon L. Ragsdale, Marcus Bowles, Dallas Breed, Justin Reid

Concert Recordings & Programs

Hexengeheule / Andrew Thomas -- Rhapsody for marimba / John Serry -- Marimba quartet / Michael Burrit -- Stroboscope / Eric Sammut -- Two sketches for drumset / Eric White -- Bag's groove / Milt Jackson

Concert Recording 2004-02-14, Lynn Ragsdale, Aaron Ragsdale, Chalon L. Ragsdale, Fernando Valencia, Adams Collins

Concert Recordings & Programs

Tres Rhythme / Maurice Ravel -- Suite for marimba / Alfred Fissinger -- Grand overture, op. 61 / Mauro Giuliani -- Two mexican dances / Gordan Stout -- Lejano azul / Luis A. Calvo -- Merlin / Andrew Thomas -- Amazing grace / John Newton -- Quartet / Michael Burritt

The Effects Of Environmentally Relevant Doses Of Perchlorate (Clo4-) On Rana Pipiens Metamorphosis And Development, Andrea N. Golli

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to assess the effects of environmentally relevant concentrations of perchlorate on the development and growth of Rana pipiens. Ammonium perchlorate is a rocket fuel oxidizer that is known to interfere with the function of the thyroid gland and some of the highest United States surface water concentration exists in the Las Vegas Wash, NV. Perchlorate not only blocks the body’s ability to incorporate iodine into T3 and T4 hormones through the sodium iodine symporter system, but also depletes the thyroid glands’ internal stores of iodine. Many of the steps that regulate metamorphosis in amphibians …

Books And Letters Vol. 18, No. 1, University Libraries, Molly Boyd, Anne Marie Candido, Ethel C. Simpson, Juana R. Young, Usha Gupta, Donna Johnson, Russell Cothren, Don Batson, William Flanagan

Books and Letters

Celebrating Black History Month; Portrait of John Harrison Donated to Libraries; Houston Nutt Campaign Successful Fundraiser; Endowments Have Long Range Benefits for the Libraries; Chemistry Library Slated for Facelift; Mystery Writer Wows Audience at Mullins; Art Exhibit Complements Mystery Lecture

Uniform Real Property Electronic Recording Act (Last Revised Or Amended In 2005), Arthur Gaudio , Reporter

Faculty Scholarship

The status of electronic information technology has progressed rapidly in recent years. Innovations in software, hardware, communications technology and security protocols have made it technically feasible to create, sign and transmit real estate transactions electronically. However, approaching the end of the 20^th Century, various state and federal laws limited the enforceability of electronic documents. In response, the Uniform Electronic Transactions Act (UETA) was approved by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1999. As of October 1, 2004, UETA had been adopted in 46 states, the District of Columbia, and the U.S. Virgin Islands. The …

Learning Business Law By Doing It: Real Transactions In Law School Clinics, Eric J. Gouvin

Faculty Scholarship

This Article discusses the business clinic movement and how legal educators view them as being an excellent vehicle for inculcating the values and practices that business lawyers hold dear. Business clinics may help students better appreciate the challenges of business lawyering, which they sometimes misunderstand as merely a forms practice. The Author believes that by putting students in the middle of real transactions, they gain a deeper understanding of the subtleties of making a transaction come together.

Long-Lived Worms And Aging, Yuan Luo

Faculty Publications

Several investigators have generated long-lived nematode worms (Caenorhabditis elegans) in the past decade by mutation of genes in the organism in order to study the genetics of aging and longevity. Dozens of longevity assurance genes (LAG) that dramatically increase the longevity of this organism have been identified. All long-lived mutants of C. elegans are also resistant to environmental stress, such as high temperature, reactive oxygen species (ROS), and ultraviolet irradiation. Double mutations of some LAGS further extended life span up to 400%, providing more insight into cellular mechanisms that put limits on the life span of organisms. With …

The Implementation Of Fda Determinations In Litigation - Why Do We Defer To The Pto But Not To The Fda?, William G. Childs

Faculty Scholarship

This Article examines the possible inequity of the treatment of licensees' rights in tort litigation in comparison to patent rights in patent litigation. In particular, this Article presents the presumptions afforded from issued patents as a valid model for the proper treatment of FDA approval in litigation. Presently, most academic discussion proposes either preclusion of tort claims or leaving the system more or less as it stands. This Article, on the other hand, proposes a middle ground.

This Article begins by examining the differences between the USPTO and the FDA. In particular, the quantity and quality of the review provided …

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …

Stranded In The Wastelands Of Unregulated Roadway Police Powers: Can Reasonable Officers Ever Rescue Us., Keith S. Hampton

St. Mary's Law Journal

This Article describes the present state of roadway police power and explores the vulnerability of drivers and occupants to police abuse, specifically using pretextual stops. Today, state and federal courts have made many police power accommodations to the constitutional reasonableness requirement. Current Fourth Amendment jurisprudence justifies almost all conceivable police seizures of people in vehicles. If the police officer can point out any traffic law violation, he can arrest. And if he can arrest under those circumstances, then the already blurred line between detentions and arrest becomes inconsequential, constitutionally speaking. This Article proposes that the Texas Court of Criminal Appeals …

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …