Law Commons^™

From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani

Rishabh Jogani

This article deals with human rights organisations and their organisational set up along with the indian perspective of the same.

An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman

Christopher B. Seaman

In Northwest Austin Municipal Utility District Number One v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. But even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground. A revised bailout system is likely the best approach for …

Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman

Christopher B. Seaman

Determining damages for infringement is one of the most important—and controversial—issues in current patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees. This Article proposes a more manageable alternative to Georgia-Pacific when an acceptable noninfringing substitute for the patented technology exists. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would incur to …

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel

Bruno Meyerhof Salama

The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning

Srividhya Ragavan

No abstract provided.

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.