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Full-Text Articles in Law

Copyright For A Social Species, Robert E. Suggs Dec 2009

Copyright For A Social Species, Robert E. Suggs

Robert E. Suggs

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …


Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs Dec 2009

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Robert E. Suggs

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …


Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs Dec 2009

Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs

Robert E. Suggs

This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater …


Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …


Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 2009

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …


A Dialogue In Search Of Meaning, Robert E. Suggs Dec 2009

A Dialogue In Search Of Meaning, Robert E. Suggs

Robert E. Suggs

No abstract provided.


Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs Dec 2009

Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs

Robert E. Suggs

No abstract provided.


The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall Nov 2009

The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009.


Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano Nov 2009

Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano

Gabriel Martinez Medrano

La presente nota critica la solución adoptada por el Juez de Primera Instancia en la acción colectiva PADEC PREVENCION ASESORAMIENTO Y DEFENSA DEL CONSUM. C/ CITIBANK N.A. S/ SUMARISIMO, sentencia de fecha 8 de octubre de 2009, por la cual se rechazó una acción colectiva pretendida por una asociación de consumidores, utilizándose como argumento para el rechazo del caso la falta de delimitación de la clase representada y la consecuente falta de homogeneidad en el reclamo de los miembros de la clase.


Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates Oct 2009

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …


Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry Oct 2009

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Mark Perry

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation. Intellectual property rights in primary legal materials create a dilemma for policy makers. …


Scratch That: The Sample License Clearance Process And Artist Compensation, Kembrew Mcleod Oct 2009

Scratch That: The Sample License Clearance Process And Artist Compensation, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Media Pranks And Pedagogy, Kembrew Mcleod Oct 2009

Media Pranks And Pedagogy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Copyright Criminals, Fair Use, And The Difficulties Of Doing Multimedia Scholarship, Kembrew Mcleod Sep 2009

Copyright Criminals, Fair Use, And The Difficulties Of Doing Multimedia Scholarship, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Transformative Fair Use Through A Social Semiotic Frame, H. Brian Holland Sep 2009

Transformative Fair Use Through A Social Semiotic Frame, H. Brian Holland

H. Brian Holland

No abstract provided.


The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen Sep 2009

The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen

Ken Shadlen

After introducing pharmaceutical patents in the 1990s, Brazil subsequently adjusted the patent system to ameliorate its effects on drug prices while Mexico introduced measures that reinforce and intensify these effects. The different trajectories are due to the nature of the actors pushing for reform and subsequent patterns of coalitional formation and political mobilization. In Brazil, government demand for expensive, patented drugs made health-oriented patent reform a priority, and the existence of an autonomous local pharmaceutical sector allowed the Ministry of Health to build a supportive coalition. In Mexico, government demand made reforms less urgent, and transformations of the pharmaceutical sector …


The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass Sep 2009

The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass

Paul Swamidass

Google Inc. began as a startup when all the large players in the industry turned down the opportunity to license the technology from Stanford University; Google has since become the leader in the industry with nearly 20,000 employees and a market value of about $150 Billion as of August 2009. Startup companies, using university technologies, have the potential to become a major economic force in the economy. But, it takes additional skills and effort on the part of University Offices of Technology Transfer (UOTT) to license an invention to a startup company compared to the effort needed to license to …


Copyright, The Clearance Culture, And Filmmaking, Kembrew Mcleod Sep 2009

Copyright, The Clearance Culture, And Filmmaking, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Patent Infringement Remedies, Lawrence M. Sung Sep 2009

Patent Infringement Remedies, Lawrence M. Sung

Lawrence M. Sung

An accurate determination of patent infringement liability, whether during litigation or as part of pre-litigation risk management and business decision making, depends on not only the probability of infringement, but also the potential damages exposure. Accordingly, a keen understanding of the applicable patent infringement remedies and their quantitative measure is critical to both patent owners and competitors alike to establish an informed calculus of prudent business options in the litigation settlement and litigation avoidance contexts.


The New Private Ordering Of Intellectual Property, Lawrence Sung Sep 2009

The New Private Ordering Of Intellectual Property, Lawrence Sung

Lawrence M. Sung

One consequence of the renewed U.S. Supreme Court interest in patent cases in recent years is an enhanced scrutiny on patent rights generally and, in particular, on the importance of better defining contracts to govern the patent rights among the parties. The Intellectual Property Law Program of the University of Maryland School of Law, in collaboratoin with the Business Law Program and the Journal of Business & Technology Law, convened a symposium on April 18, 2008 to consider the pertinent jurisprudence to inform prudent business practices in managing patent rights by private agreements. This Issue of the Journal includes a …


In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung Sep 2009

In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung Sep 2009

Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung Sep 2009

Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung Sep 2009

Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung Sep 2009

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung

Lawrence M. Sung

No abstract provided.


Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung Sep 2009

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung Sep 2009

Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung

Lawrence M. Sung

As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. Indeed, there has been a significant movement over the past several years to establish specialized drug courts, community courts, mental health courts, and domestic violence courts. One common element among these efforts is the idea that specialized courts …


1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung Sep 2009

1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung Sep 2009

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung Sep 2009

Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.