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Full-Text Articles in Law

The New Novelty: Defining The Content Of “Otherwise Available To The Public”, Caroline A. Schneider Jul 2015

The New Novelty: Defining The Content Of “Otherwise Available To The Public”, Caroline A. Schneider

Journal of Legislation

The "Leahy-Smith America Invents Act" (America Invents Act) was enacted on September 16, 2011.1 The purpose of the Act was to provide greater harmony between the U.S. patent system and patent systems of our international trading partners.2 A patent gives an inventor a monopoly in the issuing country to make, use, and sell the invention for a limited term in exchange for the disclosure of how to make and use the invention. In the United States, the granting of monopolies for limited terms is justified mainly on utilitarian grounds. The patent system is seen as the best way to incentivize …


Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford Jan 2006

Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford

Journal Articles

This essay is about the application of procedural approaches in the US-Zeroing case that serve to highlight potential problems with Appellate Body decision-making. Those problems go to central issues of judicial restraint, including concerns surrounding standards of review, appellate fact-finding, and notions of justiciability and ripeness. This essay will begin with an analysis of US-Zeroing's approach in applying the specialized standard of review under the Antidumping Agreement, arguing that it fails to adhere to the obligation of deference to permissible Member State interpretations of WTO antidumping obligations. It then examines the fact-finding procedures applied by the Appellate Body, which raise …


Export Trading Company Act Of 1982: An American Response To Foreign Competition, Cornelius J. Golden, Charles E. M. Kolb Apr 1983

Export Trading Company Act Of 1982: An American Response To Foreign Competition, Cornelius J. Golden, Charles E. M. Kolb

Notre Dame Law Review

No abstract provided.