Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner Jan 2002

Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner

All Faculty Scholarship

No abstract provided.


Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner Jan 2002

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

All Faculty Scholarship

Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …


Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky Jan 2002

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

All Faculty Scholarship

No abstract provided.


Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo Jan 2002

Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo

All Faculty Scholarship

Recent mergers and academic commentary have placed renewed focus on what has long been one of the central issues in media policy: whether media conglomerates can use vertical 'integration to harm competition. This Article seeks to move past previous studies, which have explored limited aspects of this issue, and apply the full sweep of modern economic theory to evaluate the regulation of vertical integration in media-related industries. It does so initially by applying the basic static efficiency analyses of vertical integration developed under the Chicago and post-Chicago Schools of antitrust law and economics to three industries: broadcasting, cable television, and …