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Full-Text Articles in Law

The Third Door Is Off The Hinges: A Prospective Study On The Effects Of The Create Act Against Federal Patent Policies, 4 J. Marshall Rev. Intell. Prop. L. 597 (2005), Shane M. Popp Jan 2005

The Third Door Is Off The Hinges: A Prospective Study On The Effects Of The Create Act Against Federal Patent Policies, 4 J. Marshall Rev. Intell. Prop. L. 597 (2005), Shane M. Popp

UIC Review of Intellectual Property Law

The CREATE Act has amended § 103 of the Patent Act to expand the definition of common ownership such that a claimed invention is deemed to be commonly owned with other subject matter when the two arise from the same “joint research agreement.” With the CREATE Act, Congress intended to promote research among inventive entities, but instead, Congress has relaxed the conditions for patentability to the point where a contract can circumvent an obviousness inquiry.

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Pondering A “Baffling” Situation: The “Reconstruction” Of Claim Construction, 4 J. Marshall Rev. Intell. Prop. L. 623 (2005), Karen C. Mitch Jan 2005

Pondering A “Baffling” Situation: The “Reconstruction” Of Claim Construction, 4 J. Marshall Rev. Intell. Prop. L. 623 (2005), Karen C. Mitch

UIC Review of Intellectual Property Law

Through an iterative use of the ordinary dictionary, claim construction would be more simple, cost effective and efficient in serving the public notice function of the claim. Since the decision in Markman, two divergent methods of claim construction have emerged; one referring to dictionary definitions first, the other referring to parts of the patent such as the specification first. Due to the confusion and differing outcomes the two methods bring about, there came a call by the United States Court of Appeals for the Federal Circuit for clarification. The recent en banc decision in Phillips reverted claim interpretation back to …

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Is The Cure Worse Than The Disease? An Overview Of The Patent Reform Act Of 2005, 5 J. Marshall Rev. Intell. Prop. L. 55 (2005), James G. Mcewen Jan 2005

Is The Cure Worse Than The Disease? An Overview Of The Patent Reform Act Of 2005, 5 J. Marshall Rev. Intell. Prop. L. 55 (2005), James G. Mcewen

UIC Review of Intellectual Property Law

As a result of pressures from various groups and issues surrounding the current patent system, representative Lamar Smith introduced a bill which overhauls multiple aspects of patent practice. The patent reform act is designed to please or compromise between various industry groups while at the same time invigorating the patent system. Specifically, the Patent Reform Act proposes changes to the procedures for filing application, how the applications are filed and even how patents are enforced. In addition to the major publicized changes the Patent Reform Act proposes other alterations that, while receiving less notice, have just as much practical effect. …

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Patent Tying Agreements: Presumptively Illegal?, 5 J. Marshall Rev. Intell. Prop. L. 94 (2005), Alison K. Hayden Jan 2005

Patent Tying Agreements: Presumptively Illegal?, 5 J. Marshall Rev. Intell. Prop. L. 94 (2005), Alison K. Hayden

UIC Review of Intellectual Property Law

On January 25, 2005, the CAFC decided the case of Independent Ink, Inc. v. Illinois Tool Works, Inc., holding that market power will be presumed in a tying agreement whenever a tying product is patented. This rule puts patent holders at a disadvantage, and will increase the amount of antitrust lawsuits brought against patent holders and holders of other exclusive intellectual property rights. Indeed, this rule conflicts with the intended effect of antitrust law. This comment proposes that tying agreements involving a patented product be evaluated the same way as all other tying agreements, and that the presumption of market …

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Claim Preambles And The Unassailable Patent Claim, 5 J. Marshall Rev. Intell. Prop. L. 121 (2005), Kyle D. Petaja Jan 2005

Claim Preambles And The Unassailable Patent Claim, 5 J. Marshall Rev. Intell. Prop. L. 121 (2005), Kyle D. Petaja

UIC Review of Intellectual Property Law

In order to diminish the extensive confusion surrounding claim preambles, one must not consider what a preamble should do; rather, it is helpful to consider what a preamble should not do. Traditionally, a preamble is defined as an introduction to a statute or deed stating the document’s basis, purpose, aim, justification, and objective. However, in patents, a claim preamble does not serve this purpose. While a preamble undeniably functions as an introduction to the rest of the claim, that claim is limited in scope and therefore, so too, is the preamble. The basis, purpose, aim, justification, and objective of the …

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To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker Jan 2005

To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker

UIC Review of Intellectual Property Law

In 2003, the Federal Circuit in Amgen Inc. v. Hoechst Marion Roussel, Inc. placed the burden of proving a prior art patent’s § 112 nonenablement on the patentee instead of the accused infringer. The patentee even bears this burden when the unclaimed subject matter is asserted to anticipate the patent at issue. This comment focuses on three questions that were created by the decision in Amgen. First, is material in a printed publication equivalent to unclaimed material in a patent? Second, is the holding in Amgn based on a false premise because it may accord a presumption of § 112 …

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Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr Jan 2005

Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr

UIC Review of Intellectual Property Law

Under the reasoning in Unied States v. Martingon, declaring the federal bootlegging statute unconstitutional, databases, as “non-writings,” could not be protected under Congress’s copyright power or commerce power. In other words, Congress’s power under Article I, Section 8, Clause 8 serves to limit its ability to act under Article I, Section 8, Clause 3. Marignon’s rationale raises questions about a variety of prospective and existing legislation that protects “non-writings” for an unlimited time, such as the trademark dilution statute. This article examines the merits of this contention, arguing that the manner in which the Supreme Court has handled overlapping Article …

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Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber Jan 2005

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Harmonization Around Results Reporting: A Synthesis Of Four Country Studies, Elizabeth M. White, Rosalía Rodriguez-García, Rema Balasundaram Jan 2005

Harmonization Around Results Reporting: A Synthesis Of Four Country Studies, Elizabeth M. White, Rosalía Rodriguez-García, Rema Balasundaram

Sustainable Development Law & Policy

No abstract provided.

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Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall Jan 2005

Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

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Implementation Of The Check Clearing For The 21st Century Act, Mark E. Budnitz Jan 2005

Implementation Of The Check Clearing For The 21st Century Act, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.

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A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle Jan 2005

A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle

Seattle University Law Review

This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV …

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Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak Jan 2005

Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Forensic Science Or Forgettable Science?, Craig M. Cooley Jan 2005

Forensic Science Or Forgettable Science?, Craig M. Cooley

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Open Discussion: Role Of Scientific Evidence Jan 2005

Open Discussion: Role Of Scientific Evidence

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck Jan 2005

Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck

William Mitchell Law Review

This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …

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Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch Jan 2005

Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch

Management Faculty Publications and Presentations

Location technologies allow employers to monitor the location of employees. The technologies range from global positioning systems able to determine outdoor locations worldwide to sensor networks able to determine locations within buildings. Few international laws and no American laws directly address location monitoring. International privacy laws, the Electronic Communications Privacy Act, the USA Patriot Act and other laws involving Internet and e-mail monitoring might provide the pattern for future location monitoring legislation. Ethical considerations such as privacy, accuracy, inconsistency, security, and reputation also may affect future legislation. In writing corporate policies governing location monitoring, the employer’s business interests may outweigh …

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When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault Jan 2005

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …

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God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag Jan 2005

God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag

Faculty Articles

Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …

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Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman Jan 2005

Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

In this article, I will discuss both how today's law students learn through technology, and also theories of personality types and learning styles. I will first review the few existing empirical studies on the subject. Next, I will discuss course Web sites and how they can support, not replace, what happens in the traditional law school classroom. Then, I will discuss how my law school implemented TWEN course Web pages, and discuss the results of a survey of TWEN usage by faculty members at Pace University School of Law. The survey indicates that although TWEN course Web sites have improved …

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Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson Jan 2005

Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson

Faculty Articles

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as interpreted by the United States Supreme Court, the Amendment places no restriction on police combing through financial records; telephone, e-mail and website transactional records; or garbage left for collection. Indeed there is no protection for any information knowingly provided to a third party, because the provider is said to retain no reasonable expectation of privacy in that information. As technology dictates that more and more of our personal lives are available to anyone equipped to receive them, and as social norms dictate that more and …

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Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper Jan 2005

Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.

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On Academic Discrimination, Janet Ainsworth Jan 2005

On Academic Discrimination, Janet Ainsworth

Cardozo Journal of Equal Rights & Social Justice

The article critiques the argument that women's underrepresentation in the physical sciences is due to innate intellectual inferiority or a lack of willingness to work long hours. It challenges the assumptions underlying such claims, arguing that discrimination and socialization play significant roles, and that the notion of requiring "super-intelligence" for academic success is overstated and unproven. The author advocates for addressing systemic biases and unstated assumptions in academia rather than focusing on debates about innate differences.

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Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick Jan 2005

Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman Jan 2005

The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.

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Summers Of Our Discontent, Phyllis Goldfarb Jan 2005

Summers Of Our Discontent, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Learning The Value Of Drugs - Is Rofecoxib A Regulatory Success Story?, Rebecca S. Eisenberg Jan 2005

Learning The Value Of Drugs - Is Rofecoxib A Regulatory Success Story?, Rebecca S. Eisenberg

Articles

Controversy over recent revelations concerning the adverse cardiovascular effects of selective cyclooxygenase- 2 (COX-2) inhibitors has generally been framed as a story of regulatory failure, in which the Food and Drug Administration (FDA) has failed in its mission to protect the public from unsafe products. But this simplistic understanding of the mission of the FDA seems to make failure all but inevitable, if the reliable observation of the risks and benefits of a drug requires rigorous long-term studies. Perhaps in an earlier era the goal of drug regulation was simply to protect the public from poisons. Today, drug regulation guides …

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A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese Jan 2005

A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt Jan 2005

Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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