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Articles 1 - 3 of 3

Full-Text Articles in Law

They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal Jan 2013

They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal

All Faculty Scholarship

No abstract provided.


Thinking, Big And Small, Stephen B. Burbank Jan 2013

Thinking, Big And Small, Stephen B. Burbank

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No abstract provided.


Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein Jan 2013

Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

In this Essay, we offer an integrated theory of intellectual property defenses. We demonstrate that all intellectual property defenses can be fitted into three conceptual categories: general, individualized and class defenses. A general defense is the inverse of a right in rem. It goes to the validity of the intellectual property right asserted by the plaintiff, and when raised successfully it relieves not only the actual defendant, but also the public at large, of the duty to comply with the plaintiff’s intellectual property right. An individualized defense, as we define it, is the inverse of an in personam right: it …