Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Technology (4)
- Patent law (3)
- Patent enforcement (2)
- Patent holdup (2)
- Access to the courts (1)
-
- Alternative dispute resolution (1)
- Antitrust (1)
- Bilski v. Kappos (1)
- Biotechnology (1)
- Cell phones (1)
- Child pornography (1)
- Competition (1)
- Corporations (1)
- Costs (1)
- Crimes (1)
- District courts (1)
- Efficiency (1)
- Emerging technologies (1)
- Energy production (1)
- Environmental Protection Agency (1)
- Environmental impacts (1)
- European Union (1)
- Federal agencies (1)
- Genetics (1)
- Incentives (1)
- India (1)
- Injunctions (1)
- Innovation (1)
- Inventors (1)
- Law reform (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Michigan Journal of Environmental & Administrative Law
During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it was one …
Holding Up And Holding Out, Colleen V. Chien
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough
After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough
Michigan Telecommunications & Technology Law Review
35 U.S.C. § 101 allows a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Recently, the Supreme Court issued several key decisions affecting the doctrine of patentable subject matter under § 101. Starting with Bilski v. Kappos (2011), and continuing with Mayo Collaborative Services, Inc. v. Prometheus Laboratories (2012), Association for Molecular Pathology v. Myriad Genetics (2013) and, most recently, Alice Corporation Pty. Ltd. v. CLS Bank International (2014), every year has brought another major change to the way in which the Court assesses patentability. In Myriad, the …
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji
Michigan Telecommunications & Technology Law Review
Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that …
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Michigan Journal of International Law
At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …