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

Law Commons

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

Articles 1 - 9 of 9

Full-Text Articles in Law

Disability Rights, Disability Discrimination, And Social Insurance, Mark Weber Oct 2008

Disability Rights, Disability Discrimination, And Social Insurance, Mark Weber

College of Law Faculty

This paper asks whether statutory social insurance programs, which provide contributory tax-based income support to people with disabilities, are compatible with the disability rights movement's ideas. Central to the movement that led to the Americans with Disabilities Act is the insight that physical or mental conditions do not disable; barriers created by the environment or by social attitudes keep persons with physical or mental differences from participating in society as equals. The conflict between the civil rights approach and insurance seems apparent. A person takes out insurance to deal with tragedy, such as premature death, or damage, such as ...


The Wages Of Originalist Sin: District Of Columbia V. Heller, Jeffrey Shaman Jul 2008

The Wages Of Originalist Sin: District Of Columbia V. Heller, Jeffrey Shaman

College of Law Faculty

This article analyzes and critiques the Supreme Court’s recent decision in District of Columbia v. Heller, which ruled that that the Second Amendment protects an individual right to possess firearms unconnected with service in a militia. The focus of the article is on Justice Scalia’s majority opinion in Heller, which adheres strictly to an extreme view of originalism holding that the Constitution should be interpreted by ascertaining its original meaning at the time it was adopted. Justice Scalia believes that the Constitution has a static meaning, and that changes in the world around us are of no relevance ...


Recent Developments Affecting The Enforcement, Procurement, And Licensing Of Research Tool Patents, Joshua Sarnoff, Christopher Holman Apr 2008

Recent Developments Affecting The Enforcement, Procurement, And Licensing Of Research Tool Patents, Joshua Sarnoff, Christopher Holman

College of Law Faculty

A vigorous discussion exists regarding the need to provide exclusive patent rights as incentives to invent and to disclose so-called “research tools,” whether such exclusive rights should apply to all uses and users of patented research tools, and whether exclusive rights to prohibit all uses of research tools would unduly discourage sequential invention. This article summarizes recent developments under U.S. patent laws of particular relevance to the debate over the patenting of research tools, and provides some insights into the practices of various academic sciences, industries, and government agencies regarding the treatment of these important inventions. The article provides ...


Trademark Litigation As Consumer Conflict, Michael Grynberg Apr 2008

Trademark Litigation As Consumer Conflict, Michael Grynberg

College of Law Faculty

Trademark litigation typically unfolds as a battle between competing sellers who argue over whether the defendant's conduct is likely to confuse consumers. This is an unfair fight. In the traditional narrative, the plaintiff defends her trademark while simultaneously protecting consumers at risk for confusion. The defendant, relatively speaking, stands alone. The resulting "two-against-one" storyline gives short shrift to the interests of nonconfused consumers who may have a stake in the defendant's conduct. As a result, courts are too receptive to nontraditional trademark claims where the case for consumer harm is questionable. Better outcomes are available by appreciating trademark ...


Re-Interpreting Postville: A Legal Perspective, Sioban Albiol, R. Linus Chan, Sarah Diaz Jan 2008

Re-Interpreting Postville: A Legal Perspective, Sioban Albiol, R. Linus Chan, Sarah Diaz

College of Law Faculty

No abstract provided.


Foreword: Lawyers, Law Firms & The Legal Profession: An Ethical View Of The Business Of Law, Margit Livingston Jan 2008

Foreword: Lawyers, Law Firms & The Legal Profession: An Ethical View Of The Business Of Law, Margit Livingston

College of Law Faculty

No abstract provided.


Teaching An Intellectual Property Seminar Through The Legal Literature, Roberta Kwall Jan 2008

Teaching An Intellectual Property Seminar Through The Legal Literature, Roberta Kwall

College of Law Faculty

The content and application of Intellectual Property (IP) is becoming increasingly dominated by new and ever more complex technology. The rapid changes and developments occurring with respect to the subject matter of IP are reflected not only in the substance of what we teach but also in our teaching methodologies. Yet, as the famous saying goes, the more things change, the more they stay the same. Despite all the glitz and glamour surrounding IP over the past two decades, the fact remains that IP law, like any other area, is best taught and learned through a careful application of the ...


Embedded Whiteness: Theorizing Exclusion In Public Contracting, Sumi Cho Jan 2008

Embedded Whiteness: Theorizing Exclusion In Public Contracting, Sumi Cho

College of Law Faculty

The article focuses on the new economic sociology (NES) and how critical legal scholars care should respond to it. The introducion of NES comes at the same time the Critical Race Theory (CRT) was emerging and like CRT, NES was questioning basic disciplinary principles and assumptions. NES is considered new to the extent as its practitioners do not hesitate to adopt a critical stance with respect to microeconomics.


Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips Jan 2008

Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips

College of Law Faculty

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar built ...