Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 43

Full-Text Articles in Law

A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel Feb 2024

A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel

West Virginia Law Review

While the previous literature has found that certain background characteristics of federal judges, such as their race, gender, and ideology, statistically correlate with case outcomes, little prior scholarship has examined the connection between judges’ educational backgrounds and their judicial decision-making. The empirical study that this Article presents fills a critical gap in the literature by statistically analyzing the relationship between federal judges’ undergraduate degrees and their rulings in cases related to trade secrets, a highly valuable form of intellectual property (IP) for many companies. Notably, it finds that if a trade secret case is assigned to a judge who possesses …


Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall May 2022

Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall

West Virginia Law Review

No abstract provided.


Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson Sep 2021

Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson

West Virginia Law Review

No abstract provided.


National Cybersecurity Innovation, Tabrez Y. Ebrahim Dec 2020

National Cybersecurity Innovation, Tabrez Y. Ebrahim

West Virginia Law Review

National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …


Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans Sep 2016

Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans

West Virginia Law Review

No abstract provided.


Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele Sep 2016

Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele

West Virginia Law Review

No abstract provided.


Inventing Patents: A Story Of Legal And Technical Transfer, L. R. Bradford Sep 2015

Inventing Patents: A Story Of Legal And Technical Transfer, L. R. Bradford

West Virginia Law Review

No abstract provided.


The Three-Dimensional World In A Two-Dimensional Patent System: 3d Printing And The Importance Of Claiming Cad Files, Gary N. Stewart Sep 2015

The Three-Dimensional World In A Two-Dimensional Patent System: 3d Printing And The Importance Of Claiming Cad Files, Gary N. Stewart

West Virginia Law Review

patent infringement, computer systems design services; three-dimentional printing, 3D printing, computer-aided design, CAD files


Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii Apr 2013

Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii

West Virginia Law Review

No abstract provided.


In The Language Of Pictures: How Copyright Law Fails To Adequately Account For Photography, Teresa M. Bruce Sep 2012

In The Language Of Pictures: How Copyright Law Fails To Adequately Account For Photography, Teresa M. Bruce

West Virginia Law Review

No abstract provided.


Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman Apr 2011

Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman

West Virginia Law Review

The rapidly emerging field of synthetic biology has tremendous potential to address some of the most compelling challenges facing our planet by providing clean renewable energy, nutri- tionally-enhanced and environmentally friendly agricultural products, and revolutionary new life-saving cures. However, leaders in the synthetic biology movement have voiced concern that biotechnology's current patent-centric approach to intellec- tual property is in many ways ill-suited to meet the challenge of synthetic biology, threatening to impede follow-on innovation and open access technology. For years, copyright and patent protection for computer software have existed side-by-side, the two forms of intellectual property complementing one another. Numerous …


A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey Apr 2011

A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey

West Virginia Law Review

No abstract provided.


The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale Jan 2011

The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale

West Virginia Law Review

No abstract provided.


From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young Jan 2010

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury Jan 2010

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


The End Of The (Virtual) World, Joshua A.T. Fairfield Sep 2009

The End Of The (Virtual) World, Joshua A.T. Fairfield

West Virginia Law Review

No abstract provided.


Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima Sep 2009

Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima

West Virginia Law Review

While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of …


The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler Sep 2009

The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler

West Virginia Law Review

No abstract provided.


In Re Seagate: Effects And Future Development Of Willful Patent Infringement, Christopher Ryan Lanks Jan 2009

In Re Seagate: Effects And Future Development Of Willful Patent Infringement, Christopher Ryan Lanks

West Virginia Law Review

No abstract provided.


Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli Apr 2008

Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli

West Virginia Law Review

No abstract provided.


Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman Jan 2002

Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman

West Virginia Law Review

No abstract provided.


Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine Sep 2001

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.


The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler Dec 2000

The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler

West Virginia Law Review

No abstract provided.


West Virginia Trade Secrets In The 21st Century: West Virginia's Uniform Trade Secrets Act, Lisa A. Jarr Jan 1995

West Virginia Trade Secrets In The 21st Century: West Virginia's Uniform Trade Secrets Act, Lisa A. Jarr

West Virginia Law Review

No abstract provided.


Thin Copyrights, Dale P. Olson Sep 1992

Thin Copyrights, Dale P. Olson

West Virginia Law Review

No abstract provided.


Are States Free To Pirate Copyrighted Materials And Infringe Patents--Pennsylvania V. Union Gas May Mean They Are Not, Susan C. Hill Jan 1990

Are States Free To Pirate Copyrighted Materials And Infringe Patents--Pennsylvania V. Union Gas May Mean They Are Not, Susan C. Hill

West Virginia Law Review

No abstract provided.


Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton Sep 1985

Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton

West Virginia Law Review

No abstract provided.


The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart Jun 1984

The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart

West Virginia Law Review

No abstract provided.


Copyright--The Home Video Recording Controversy, Mark E. Kauffelt Feb 1979

Copyright--The Home Video Recording Controversy, Mark E. Kauffelt

West Virginia Law Review

No abstract provided.


The Legal Protection Of Printed Systems, Dale P. Olson Sep 1978

The Legal Protection Of Printed Systems, Dale P. Olson

West Virginia Law Review

No abstract provided.