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Articles 1 - 16 of 16
Full-Text Articles in Law
Dialogue Magazine, Fall 2007
Dialogue, the magazine of the DePaul University College of Law
No abstract provided.
A Cross-Atlantic Dialog On Experimental Use And Research Tools, Joshua Sarnoff, Henrik Holzapfel
A Cross-Atlantic Dialog On Experimental Use And Research Tools, Joshua Sarnoff, Henrik Holzapfel
College of Law Faculty
In Merck KGaA v. Integra LifeSciences I Ltd., the U.S. Supreme Court adopted a broad construction of the regulatory approval exception to patent law infringement, 35 U.S.C. § 271(e)(1), for experiments conducted at early stages of the pharmaceutical development process. But the Court refused to determine whether that exception applies to patented “research tools,” and failed to address the relationship of that exception to the historic experimental use exception. The U.S. Court of Appeals for the Federal Circuit has narrowly construed the experimental use exception, but also refused in its recent decision on remand in Merck to resolve these questions, …
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua Sarnoff
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua Sarnoff
College of Law Faculty
In Bilcare Ltd. v. M/S The Supreme Industries Ltd., the Delhi High Court affirmed a lower court order vacating ex parte injunctions against an alleged infringer of a patent, rejecting arguments that the patent should be presumed valid even though the patent was the subject of opposition proceedings. In KSR International, Inc. v. Teleflex Co., the U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit’s long-standing interpretation of Section 103 of the Patent Act, i.e., that a challenger seeking to prove invalidity must demonstrate a teaching, suggestion, or motivation to combine prior art references. These cases …
The Lessons Of Capturing The Friedmans: Moral Panic, Institutional Denial And Due Process, Susan Bandes
The Lessons Of Capturing The Friedmans: Moral Panic, Institutional Denial And Due Process, Susan Bandes
College of Law Faculty
In the 1980's hundreds of childcare workers were accused of sexually abusing children in horrific ways. Arnold and Jesse Friedman, whose prosecutions are chronicled in the film Capturing the Friedmans, were among those convicted and sent to prison during this period. Sociologists have called this series of prosecutions a classic moral panic: a widespread, hostile, volatile overreaction to a perceived societal threat. This paper examines the concept of moral panic in the context of the day care sexual abuse prosecutions in general, and the Friedman prosecutions in particular. It begins by exploring the role of the legal system in …
Dialogue Magazine, Spring 2007
Dialogue Magazine, Spring 2007
Dialogue, the magazine of the DePaul University College of Law
No abstract provided.
Authors In Disguise: Why The Visual Artists Rights Act Got It Wrong, Roberta Kwall
Authors In Disguise: Why The Visual Artists Rights Act Got It Wrong, Roberta Kwall
College of Law Faculty
Moral rights protection exists to recognize authorship autonomy by safeguarding the author's meaning and message. Despite the fact that all authors owe a debt to the past, the authorship construct as we know it today embodies the idea of crafting a work so that it embodies the author's personal stamp of autonomy. Notwithstanding the borrowing inherent in the authorship process, it is still the author who, on an individual or joint basis, composes the creative package.When a work of authorship manifests a meaning and message specific to the author, the moral right of attribution safeguards the author's original conceptions. Attribution …
Inclusive Education In The United States And Internationally: Challenges And Response, Mark Weber
Inclusive Education In The United States And Internationally: Challenges And Response, Mark Weber
College of Law Faculty
Achieving inclusion of children with disabilities in general education remains a challenge. This article discusses United States and international legal developments and relates educational inclusion to controversies within the disability studies movement. It considers questions that have been raised about integrated education and concludes that inclusion should remain the goal, but that more attention must be devoted to making educational inclusion work.
Services For Private School Students Under The Individuals With Disabilities Education Improvement Act: Issues Of Statutory Entitlement, Religious Liberty, And Procedural Regularity, Mark Weber
College of Law Faculty
Government support for private schooling has been a topic of public discussion from the beginning of the administration of President George Bush. The Individuals with Disabilities Education Improvement Act of 2004 (“Improvement Act”) amends the Individuals with Disabilities Education Act (“IDEA”) with regard to (among other things) publicly funded services for children with disabilities who attend private schools. This Article describes the private school student provisions of the new law, demonstrating that the Improvement Act represents continuity in the field of special education services for children in private education. The Article then takes up three issues regarding services for private …
Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Bassiouni, Michael Hanna
Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Bassiouni, Michael Hanna
College of Law Faculty
No abstract provided.
Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni
Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni
College of Law Faculty
No abstract provided.
Harming Human Rights In The Name Of Promoting Them: The Case Of The Cuban Embargo, Alberto Coll
Harming Human Rights In The Name Of Promoting Them: The Case Of The Cuban Embargo, Alberto Coll
College of Law Faculty
This article details the history of the Cuban embargo, tracing its evolution as a tool of retaliation for the seizure of American property, as a weapon in the Cold War against the Soviet Union and its Cuban allies, and finally as an instrument of American policy for the promotion of democracy and human rights. The article then examines the actual impact of the embargo on human rights in Cuba today and highlights the contradiction between the embargo's avowed political purpose and legal rationale-the promotion of human rights-and its actual consequences, which are harmful to human rights generally. The article suggests …
Corporate Governance: The Ins And Outs For Ds And Os, Margit Livingston
Corporate Governance: The Ins And Outs For Ds And Os, Margit Livingston
College of Law Faculty
No abstract provided.
Rose By Any Other Name Would Smell As Sweet (Or Would It): Filing And Searching In Article 9'S Public Records, Margit Livingston
Rose By Any Other Name Would Smell As Sweet (Or Would It): Filing And Searching In Article 9'S Public Records, Margit Livingston
College of Law Faculty
No abstract provided.
Bio V. Dc And The New Need To Eliminate Federal Patent Law Preemption Of State And Local Price And Product Regulation, Joshua Sarnoff
Bio V. Dc And The New Need To Eliminate Federal Patent Law Preemption Of State And Local Price And Product Regulation, Joshua Sarnoff
College of Law Faculty
No abstract provided.
Blessed Are..., Craig Mousin
Services For Private School Students Under The Individuals With Disabilities Education Improvement Act: Issues Of Statutory Entitlement, Religious Liberty, And Procedural Regularity, Mark C. Weber
Mark C. Weber
Government support for private schooling has been a topic of public discussion from the beginning of the administration of President George Bush. The Individuals with Disabilities Education Improvement Act of 2004 (“Improvement Act”) amends the Individuals with Disabilities Education Act (“IDEA”) with regard to (among other things) publicly funded services for children with disabilities who attend private schools. This Article describes the private school student provisions of the new law, demonstrating that the Improvement Act represents continuity in the field of special education services for children in private education. The Article then takes up three issues regarding services for private …