Digital Commons Network^™

Creators, Innovators, And Appropriation Mechanisms, Sean M. O'Connor

Articles

Now that Congress’s House Judiciary Committee has undertaken a review of current copyright law, and the Register of Copyrights, Maria Pallante, has called for the “Next Great Copyright Act,” sides are being drawn by various interest groups. Perhaps following the pitting of information technology firms against bio-chem and pharma firms in the patent reform battles leading to the America Invents Act, some interest groups want to divide the copyright reform debates into “innovators” and “creators.” Much of this seems driven by large tech firms such as Google, along with advocacy groups such as the Electronic Frontier Foundation (“EFF”) who are …

The Overlooked French Influence On The Intellectual Property Clause, Sean M. O'Connor

Articles

The Intellectual Property Clause (“IP Clause”) of the US Constitution has long been a puzzle for courts and commentators. It authorizes Congress to secure exclusive property rights for authors and inventors, but it does not use the terms “patent” or “copyright,” and its objects of “Science” and “useful Arts” do not cleanly map onto the subject matter of current patent and copyright systems.

As the Supreme Court has noted, under popular usage of the terms “arts” and “science,” one would expect patents to promote science and copyrights to promote arts, yet we know from the historical record that exactly the …

Frenemies Of The Court: The Many Faces Of Amicus Curiae, Helen A. Anderson

Articles

Ask any lawyer what an "amicus curiae" is, and you will be told that the term means "friend of the court." The term has positive, even warm, connotations. Amicus briefs provide additional information or perspectives to assist courts in deciding issues of public importance. Interest groups, law professors, and politically engaged lawyers are happy to participate in important cases through such briefs. Amicus curiae participation is defended as democratic input into what is otherwise not a democratic branch of government.

Yet, amici curiae—nonparties who are nevertheless advocates, who are not bound by rules of standing and justiciability, or even rules …

Joint Dedication To Justice John K. Konenkamp & Professor Jo Pasqualucci, David Gilbertson, Steven Zinter, Robert A. Miller, Janine M. Kern, Barry R. Vickrey, Chris Hutton, Michael Snyder, Frank Pommersheim

South Dakota Law Review

No abstract provided.

Where There's A Will There's A Way: An Examination Of In Re Estate Of Kesling And The South Dakota Supreme Court's Application Of The Plain Meaning Rule, Jarell A. Dillman

South Dakota Law Review

No abstract provided.

The Cohabitation Aggravation: Third-Party Consent And The Fourth Amendment Following Fernandez V. California, Alexis A. Yackley

South Dakota Law Review

No abstract provided.

Testamentary Incapacity, Undue Influence, And Insane Delusions, Thomas E. Simmons

South Dakota Law Review

No abstract provided.

Presumed Drunk Until Proven Sober: The Dangers And Implications Of Anonymous Tips Following Navarette V. California, Christopher D. Sommers

South Dakota Law Review

No abstract provided.

The Federal Courts And Marriage Equality: Who Decides, Susan Gluck Mezey

South Dakota Law Review

No abstract provided.

United States V. Windsor And Interstate Marriage Recognition, Mark Strasser

South Dakota Law Review

No abstract provided.

Brief Of Thirty-Four Law Professors As Amici Curiae In Support Of Appellants: Altera Corp. V. Papst Licensing Gmbh, Christopher B. Seaman

Scholarly Articles

The amici curiae are law professors who teach and write on civil procedure and/or patent law and policy. As such, amici are interested in the effective functioning of the courts and the patent system in general. Amici believe that this Court’s rigid rule restricting personal jurisdiction in patent declaratory judgment actions both flouts Supreme Court precedent and frustrates the public policy of clearing invalid patents. Although amici hold different views on other aspects of modern patent law and policy, they are united in their professional opinion that this Court should overturn its inflexible jurisdictional rule.

Brief Amicus Curiae Of Intellectual Property Professors In Support Of Neither Party: Halo Elecs. Inc. V. Pulse Elecs. Inc. And Stryker Corp. V. Zimmer, Inc., Christopher B. Seaman, Jason Rantanen

Scholarly Articles

This amicus brief was filed on behalf of several intellectual property law professors in Halo v. Pulse and Stryker v. Zimmer regarding the appropriate standard for enhancing (increasing) damages under section 284 of the Patent Act, 35 U.S.C. § 284. It advances three primary arguments. First, it asserts that in light of the history of the statutory text and judicial precedent, willful infringement is the appropriate standard (and thus the only valid basis) for awarding enhanced damages under § 284. Second, it contends that Federal Circuit’s two-part, objective/subjective test for determining willfulness articulated in In re Seagate Technology, LLC, …

Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman

Journal of Health Care Law and Policy

The overuse of antibiotics has created a potential public health menace—the growth of microbial infections resistant to them. Antibiotic resistance stems from many causes that include the use of antibiotics in animal feed, medical practitioners’ over-prescription, the general public’s misuse of the drugs, and the failure to develop new antibiotics. This has led to the development of so called “super bugs” that are often immune to first line antibiotic therapies, such as penicillin, and to more powerful, broad-spectrum treatments.

The CDC considers the primary source of antibiotic resistant infections in humans to come from our overuse of antibiotics and the …

Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson

Journal of Health Care Law and Policy

No abstract provided.

The Legal Void Of Unpaid Internships: Navigating The Legality Of Internships In The Face Of Conflicting Tests Interpreting The Flsa Note, Madiha M. Malik

Connecticut Law Review

Unpaid internships have come under increased scrutiny for their potential illegality under the Fair Labor Standards Act. Due to the limited case law and statutory guidance regarding interns, lower courts have issued conflicting opinions on the proper analysis courts should engage in to determine whether interns are considered “employees” under federal law. Such conflicting judicial interpretation is detrimental to both employers and interns. A bright line rule for determining when an intern qualifies as an employee under the FLSA is critical to settling the uncertainty in this area of the law.

A Cooperative Study On The Standardized Total-Tract Digestible Phosphorus Requirement Of Twenty-Kilogram Pigs, O. Adeola, M. J. Azain, S. D. Carter, T. D. Crenshaw, M. J. Estienne, B. J. Kerr, M. D. Lindemann, C. V. Maxwell, P. S. Miller, M. C. Shannon, E. Van Heugten

Department of Animal Science: Faculty Publications

A cooperative study comprising growth performance, bone mineralization, and nutrient balance experiments was conducted at 11 stations to determine the standardized total-tract digestible (STTD) P requirement of 20-kg pigs using broken-line regression analysis. Monocalcium phosphate and limestone were added to a corn–soybean meal–based diet at the expense of cornstarch to establish 6 concentrations of STTD P from 1.54 to 5.15 g/kg in increments of 0.62 g/kg at a constant Ca:total P of 1.52:1.0. Diets were fed to 936 pigs (average initial BW of 19 kg) in 240 pens for 20 replicate pens of barrows and 20 replicate pens of gilts …

Yield And Forage Value Of A Dual-Purpose Bmr-12 Sorghum Hybrid, Melinda K. Yerka, Andrea K. Pederson, J. J. Toy, Galen E. Erickson, Jeffrey F. Pedersen, Rob B. Mitchell

Department of Animal Science: Faculty Publications

Grain sorghum [Sorghum bicolor (L.) Moench] is an important crop for rainfed production systems with 2.7 million ha grown in the United States in 2013. The brown-midrib (bmr) mutations, especially bmr-12, have resulted in low stover lignin and high fiber digestibility without reducing grain yield in some sorghum lines. However, the effect of the bmr trait on beef cattle (Bos taurus) performance when grazing crop residue is unknown. Our objectives were to validate previous small-plot results reporting no grain yield difference between near-isogenic bmr-12 (BMR) and wild-type control (CON) A Wheatland × R

Tx430 …

Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky

Notre Dame Journal of Law, Ethics & Public Policy

This article examines a 2013 Supreme Court decision, Chaidez v. United States, in which the Court declined to apply retroactively another recent decision, Padilla v. Kentucky. To many observers, Chaidez appears to be a discrete departure from previous Sixth Amendment right to counsel jurisprudence. On a personal level, noncitizens who pled guilty to a crime without being apprised of the plea’s removal risks are now unable to seek redress under Padilla and return to their homes in the United States. This article examines relevant Sixth Amendment and retroactivity jurisprudence and proposes an explanation for the Court’s apparent aboutface.

Collegiate Collisions On The Field And In The Courtroom: Will Labor Peace Save Student-Athletes From Further Injury?, Anthony R. Caruso

Journal of Business & Technology Law

No abstract provided.

A Chef’S Guide To Patent Protections Available For Cooking Techniques And Recipes In The Era Of Postmodern Cuisine And Molecular Gastronomy, Morgan P. Arons

Journal of Business & Technology Law

No abstract provided.

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

4-Hydroxynonenal Regulates Mitochondrial Function In Human Small Airway Epithelial Cells, Lakshmi Galam, Athena Failla, Ramani Soundararajan, Richard F. Lockey, Narasaiah Kolliputi

Internal Medicine Faculty Publications

Prolonged exposure to oxidative stress causes Acute Lung Injury (ALI) and significantly impairs pulmonary function. Previously we have demonstrated that mitochondrial dysfunction is a key pathological factor in hyperoxic ALI. While it is known that hyperoxia induces the production of stable, but toxic 4-hydroxynonenal (4-HNE) molecule, it is unknown how the reactive aldehyde disrupts mitochondrial function. Our previous in vivo study indicated that exposure to hyperoxia significantly increases 4-HNE-Protein adducts, as well as levels of MDA in total lung homogenates. Based on the in vivo studies, we explored the effects of 4-HNE in human small airway epithelial cells (SAECs). Human …

Capital Controls In International Law: Clarity Through A Central Regulatory System, David H. Pabian

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Indigenous Lands And International Trade: A Look Into A Failed Relationship Between Indigenous Mexican Communities, Nafta, And Trade Liberalization, Kerry Mcguire

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Love In The Time Of "Propaganda:" Russian Anti-Lgbt Laws, The International Legal Response, And Future Implications, Ashlyn Clark

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Risky Business: Lessons For Mitigating Cyber Attacks From The International Insurance Law On Piracy, Scott J. Shackelford, Scott Russell

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

Organizations of all sizes have increasingly been investigating the prospect of investing in cyber risk insurance to better manage the multifaceted cyber threat. But how useful is cyber risk insurance? Is international insurance law impacting the cyber risk insurance market? And what lessons can be taken from other analogies, such as the maritime piracy context? This article discusses the impact of cyber attacks on the private sector along with analyzing the benefits and drawbacks of relying on cyber risk insurance to enhance cybersecurity by drawing from the maritime insurance industry’s response to piracy. We argue that firms must take a …

The Security Council's Maritime Piracy Resolutions: A Critical Assessment, Yaron Gottlieb

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

The United Nations Security Council (UNSC) has been among the most active international actors in addressing maritime piracy. Notably, within a relatively short timespan (June 2008 - November 2012), it has unanimously adopted a significant number of Resolutions dedicated entirely to the surge in this criminal phenomenon. The piracy Resolutions are multifaceted and contain a number of innovative aspects, at least some of which have gone relatively unnoticed. Notably, it is the first time that a crime of ordinary law characteristics has been the focus of Resolutions adopted under Chapter VII of the UN Charter. This article explores the various …

The Golden Rice War In The Philippines: A Ban On Golden Rice Research Is Not A Wise Move Following The Judicial Ban On Bt Eggplant Field-Testing, Huan Lou

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Does Customary International Law Obligate States To Extradite Or Prosecute Individuals Accused Of Committing Crimes Against Humanity?, Eveylon Corrie Westbrook Mack

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Deciding The Applicable Law In Private Antifraud Claims Arising From Cross-Border Security-Based Swaps, Po-Ting Peng

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.