Law Commons^™

The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon

Faculty Publications

Throughout most of this introductory Article, we will focus our arguments primarily on economics and law and economics. We believe, however, that the implications of our inquiry extend far beyond those domains. The tendencies we hope to elucidate find their origins in the human animal, not in any particular legal theoretic perspective. It happens that these tendencies are especially prominent in law and economics, currently the dominant theoretical paradigm for creating and analyzing legal policy. But the relevance of our thesis is not confined to one approach , or even to legal-political questions. All humans are more or less implicated, …

Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa

Faculty Publications

In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide whether the former owner of the copyright in a "work made for hire" has a federal right of attribution that continues to exist even after the formerly copyrighted work has entered the public domain.

Fifteen intellectual property law professors filed anamicus brief in the case in support of the Petitioner. The brief, which is reprinted following this introduction, attempts to place the Dastar case in its historical context, as merely the latest effort on the part of former copyright owners to use trademark and unfair …

A Road To No Warez: The No Electronic Theft Act And Criminal Copyright Infringement, Eric Goldman

Faculty Publications

In the second half of the 1990s, copyright owners repeatedly sought Congress's help addressing the challenges posed by the Internet and other new technologies. Congress responded with a suite of new protections, including restrictions against circumvention, longer copyright terms, increased statutory damages, and criminalization of willful non-commercial infringement.

This Article examines the latter of those changes, effectuated through the No Electronic Theft Act (the "Act" or the "NET Act"). The Act represents a significant change to copyright law be cause it subtly shifts the paradigm underlying criminal copyright infringement.

Part I of this Article discusses the Act's development, from the …

Intellectual Property And Social Needs In A Networked World, Howard C. Anawalt

Faculty Publications

Interlaced economies and silicon-based ICT (Information and Communication Technologies) have combined to produce much of what we understand as “globalization.” ICT exist because clever and innovative people figure out how to harness nature’s principles and put them to work. They invent. The inventors may be individuals or small research groups, or they may be employees of corporations or universities. In any event, what they invent creates value, value which their employers or they themselves wish to own and control.

A Hybrid Model Of Self-Regulation And Governmental Regulation Of Electronic Commerce, Timothy D. Casey, Jeff Magenau

Santa Clara High Technology Law Journal

No abstract provided.

Equal Opportunity Adoption & (And) Declaratory Judgments: Acting In A Child's Best Interest, Casey Martin

Santa Clara Law Review

No abstract provided.

Of Fuzzy Standards And Institutional Constraints: A Re-Examination Of The Jurisprudential History Of Educational Finance Reform Litigation, William S. Koski

Santa Clara Law Review

No abstract provided.

Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien

Faculty Publications

The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing-the practice of allowing third parties to use patented inventions without patentee permission. In this Article, I empirically test this assumption. I compare rates of patenting and other measures of inventive activity before and after six compulsory licenses over drug patents issued in the 1980s and 1990s. As reported below, observe no uniform decline in innovation by companies affected by …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Human Rights - Transnational Abductions - Extraterritorial Application Of International Covenant On Civil And Political Rights - Non-Self-Executing Treaties: United States V. Duarte-Acero, 296 F. 3d 1277, Cert. Denied, 123 S. Ct. 573, David Sloss

Faculty Publications

No abstract provided.

Of Borders, Fences And Global Environmentalism, Tseming Yang

Faculty Publications

No abstract provided.

1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa

Faculty Publications

During the past two decades, engineers, authors, publishers, consumers, lawyers and academics have witnessed extraordinary developments in the technological landscape, often leading to equally dramatic developments in the law of copyright. Many of these developments have been chronicled (or foreshadowed) in the pages of the Santa Clara Computer and High Technology Law Journal. To celebrate the Journal's 20th Anniversary, this essay will place a number of articles which have appeared in the Journal in their historical context by taking a look back on how the law of copyright has changed during the past twenty years.

Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson

Santa Clara Law Review

No abstract provided.

Reinterpreting The Apparent Failure Of The Presidential Records Act And The Necessity Of Executive Order 13,233: Denying Historians Access Or Protecting The Pra, Erik Paul Khoobyarian

Santa Clara Law Review

No abstract provided.

"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Faculty Publications

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …

Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Faculty Publications

To explore this new social fracture and its challenge to the legitimacy of Anglo-American capitalism, this Article presents a case study of the attempt by the Chinese government and major Wall Street investment banks to complete an initial public offering by a major Chinese corporation. Their efforts represented a classic example of the effort to build a new global capitalist order from above without significant concern for the legitimation question. And, as we shall see, the effort was met from below with a vigorous social response. Thus, I suggest that a kind of syndrome, the PetroChina Syndrome if you will, …

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

Are The U.S. Patent Priority Rules Really Necessary?, Colleen Chien, Mark Lemley

Faculty Publications

In this Article, we study U.S. Patent and Trademark Office (“PTO”) interference proceedings and court cases in which the parties dispute who is first to invent. We find that the first person to file is usually, but by no means always, also the first to invent. In over 40% of the cases, the first to invent is last to file. We also find that the long-standing rule that discriminated against foreign inventors by requiring proof of inventive activity in the U.S. had surprisingly little effect on outcomes; that a large number of priority disputes involve near-simultaneous invention; and that the …

Copyright Treatment Of Freelance Work In The Digital Era, Giuseppina D'Agostino

Santa Clara High Technology Law Journal

No abstract provided.

Electronic Filing: What Is It - What Are Its Implications?, William A. Fenwick, Robert D. Brownstone

Santa Clara High Technology Law Journal

No abstract provided.

Ethics Of Nanobiotechnology At The Frontline, Wei Zhou

Santa Clara High Technology Law Journal

No abstract provided.

Toney V. L'Oreal Usa Inc.: The Answer To The Question What Do Hair Relaxer Products Have To Do With The Seventh Circuit's View On Copyright Preemption And The Right Of Publicity, Ryan S. Hilbert, Maki Kanayama

Santa Clara High Technology Law Journal

No abstract provided.

Biomedical Patenting: Permitted, But Permissible, Cyril R. Vidergar

Santa Clara High Technology Law Journal

No abstract provided.

International Intellectual Property, Progress, And The Rule Of Law, Howard C. Anawalt

Santa Clara High Technology Law Journal

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Santa Clara High Technology Law Journal

No abstract provided.

Stopping A Trojan Horse: Challenging Pop-Up Advertisements And Embedded Software Schemes On The Internet Through Unfair Competition Laws, Erich D. Schiefelbine

Santa Clara High Technology Law Journal

No abstract provided.

Victor's Little Secret Prevails (For Now) Over Victoria's Secret: The Supreme Court Requires Proof Of Actual Dilution Under The Ftda, Sue Mota

Santa Clara High Technology Law Journal

No abstract provided.

Yahoo, Inc. V. La Ligue Contra Le Racisme Et L'Antisemitism: Court Refuses To Enforce French Order Attempting To Regulate Speech Occurring Simulaneously In The U.S. And In France, Evan Scheffel

Santa Clara High Technology Law Journal

No abstract provided.

Towards Developing A Natural Law Jurisprudence In The U.S. Patent System, Wendy Lim

Santa Clara High Technology Law Journal

No abstract provided.

Liability Of Intermediary Service Providers In The Eu Directive On Electronic Commerce, Pablo Baistrocchi

Santa Clara High Technology Law Journal

No abstract provided.