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Articles 1 - 30 of 4427
Full-Text Articles in Law
The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang
The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang
Duke Law & Technology Review
The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."
Piracy Deserves No Privacy, Frank Chao
Piracy Deserves No Privacy, Frank Chao
Duke Law & Technology Review
The Recording Industry Association of America ("RIAA"), the music industry's trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe the digital oceans for copyright and involves identifying and bringing claims against infringing individuals who download, swap, and/or post copyrighted music illegally via the Internet. The RIAA cares not who the infringers are or whether the infringers know the illegality of their actions. Nor does the music industry concern itself with the inevitable storm of backlash bound to fall upon them for suing …
Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander
Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander
Duke Law & Technology Review
Courts view "data structures," the mechanism by which computers store data in meaningful relationships, differently than do computer scientists. While computer scientists recognize that data structures have aspects that are both physical (how they are stored in memory) and logical (the relationships among the stored information), the Federal Circuit, in its attempts to set clear standards of the scope of patentability of data structures, has not fully appreciated their dualistic nature. This i-brief explains what data structures are, explores how courts have wrestled with setting a limiting principle to determine their patentability, and discusses the resultant impact on claim drafting.
U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen
U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen
Duke Law & Technology Review
With the ever-increasing international flavor of business comes an important question for United States patent holders and foreign manufacturers alike: Can a company be held liable for patent infringement in the United States for selling an infringing product abroad that is later imported into the United States?
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
Contents, First Amendment Law Review
Why A State Exclusion Of Religious Schools From School Choice Programs Is Unconstitutional, Thomas C. Berg
Why A State Exclusion Of Religious Schools From School Choice Programs Is Unconstitutional, Thomas C. Berg
First Amendment Law Review
No abstract provided.
The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee
The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee
First Amendment Law Review
No abstract provided.
The Theology Of The Blaine Amendments, Richard W. Garnett
The Theology Of The Blaine Amendments, Richard W. Garnett
First Amendment Law Review
No abstract provided.
The Blaine Debate: Must States Fund Religious Schools, Laura S. Underkuffler
The Blaine Debate: Must States Fund Religious Schools, Laura S. Underkuffler
First Amendment Law Review
No abstract provided.
Blaming Blaine: Understanding The Blaine Amendment And The No-Funding Principle, Steven K. Green
Blaming Blaine: Understanding The Blaine Amendment And The No-Funding Principle, Steven K. Green
First Amendment Law Review
No abstract provided.
Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern
Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern
First Amendment Law Review
No abstract provided.
Reconstructing The Blaine Amendments, Frederick Mark Gedicks
Reconstructing The Blaine Amendments, Frederick Mark Gedicks
First Amendment Law Review
No abstract provided.
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Editor's Note, Carl W. Butler
Editor's Note, Carl W. Butler
Federal Communications Law Journal
No abstract provided.
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Federal Communications Law Journal
Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …
Telric Vs. Universal Service: A Takings Violation?, Stuart Buck
Telric Vs. Universal Service: A Takings Violation?, Stuart Buck
Federal Communications Law Journal
While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Federal Communications Law Journal
Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
Federal Communications Law Journal
As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Federal Communications Law Journal
While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …
The Alaska Misconduct Involving Weapons Statutes: A History And Analysis, John D. Fred
The Alaska Misconduct Involving Weapons Statutes: A History And Analysis, John D. Fred
Alaska Law Review
No abstract provided.
Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower
Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower
Alaska Law Review
No abstract provided.
Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk
Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Should The International Olympic Committee Be Policing Motherhood? Constitutional Implications Of Regulating Pregnancy And The Abortion-Doping Scheme Under Domestic Law, Lisa Jarvis
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter
The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter
Georgia State University Law Review
No abstract provided.
Beyond Workers' Compensation: Workplace Comparative Fault And Third-Party Claims, William Dreier
Beyond Workers' Compensation: Workplace Comparative Fault And Third-Party Claims, William Dreier
Georgia State University Law Review
No abstract provided.