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Full-Text Articles in Law
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Faculty Scholarship
After a century of disregard, the question of whether patents are entitled to protection under the Fifth Amendment's Takings Clause has recently become a topic of scholarly and judicial debate. While one might have expected this issue to have been settled long before, it is only the recent burgeoning of patentholders' regulatory takings claims that has made this question one of pressing interest. Thus far scholarship on the issue has focused on whether or not patents have historically been characterized as property. Meanwhile, last year's rejection by the Federal Circuit of a patentholder's right to assert a Takings Clause claim …
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Faculty Scholarship
Environmental laws are designed to reduce negative externalities (such as pollution) that harm the natural environment. Copyright law should adjust the rights of content creators in order to compensate for the ways they reduce the usefulness of the information environment as a whole. Every new work created contributes to the store of expression, but also makes it more difficult to find whatever work one wants. Such search costs have been well-documented in information economics. Copyright law should take information overload externalities like search costs into account in its treatment of alleged copyright infringers whose work merely attempts to index, organize, …
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Congressional Testimony
No abstract provided.