Law Commons^™

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

All Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …

1982 - Grants Of Land In California Made By Spanish Or Mexican Authorities

Overview of California Private Land Claims and the Public Domain

The 1982 California State Land Commission publication provides the historical background of landownership in California that led to the private land claims and subsequent patents issued. Contains discussion of the missions, presidios and pueblos. Provides a listing by each county of the name of the rancho (grant), patentee, patent date, patent number, watercourse, Township and Range, and the amount of acreage.

1982 - Grants Of Land In California Made By Spanish Or Mexican Authorities

Miscellaneous Documents and Reports

The 1982 California State Land Commission publication provides the historical background of landownership in California that led to the private land claims and subsequent patents issued. Contains discussion of the missions, presidios and pueblos. Provides a listing by each county of the name of the rancho (grant), patentee, patent date, patent number, watercourse, Township and Range, and the amount of acreage.

1887, February 8 - 24 Stat. 388, Act For Allotment Of Lands To Indians

US Government Legislation and Statutes

The Act provided that the President, based on his opinion that any reservation or any part thereof was advantageous for agricultural and grazing purposes, could cause the reservation to be surveyed or resurveyed to allot the lands in severalty to any Indian (head of a family, single person over 18 years of age, each orphan child under 18 years of age, and any single person under 18 or who was born prior to the date of the President's order directing an allotment, one-sixteenth of a section) located there on in one-quarter sections. If there was insufficient land on reservation to …

1862, May 20 - 12 Stat. 392, Homestead Act

US Government Legislation and Statutes

Act provided that certain qualifying persons could be entitled to enter one quarter section or a less quantity of unappropriated public lands upon filing a preemption claim. Any person owning and residing on land may, under the provisions of this act, enter other land lying contiguous to his or her land which shall not, with the land so already owned and occupied, exceed in the aggregate of 160 acres. Sets forth requirements to be met in order to receive certificates and patents. No individual could acquire title to more than one quarter section under the provisions of this act; existing …

1851, March 3 - 09 Stat. 631, Act To Settle Private Land Claims In California

US Government Legislation and Statutes

This Act enacted to ascertain and settle private land claims for land in the newly formed State of California, which land had been acquired by means of Spanish-Mexican land grants. The Act established a land commission consisting of three commissioners and an agent appointed by the President of the United States. The act set for procedures for claimants to present their claims. Patents were to be issued for lands when claims were confirmed. All claims confirmed were to be accurately surveyed. All lands for which claims were not established were to be taken as public lands. The commissioners were to …

1842, July 27 - 05 Stat. 497, Bounty Land Claims For Military Service In War With Great Britain

US Government Legislation and Statutes

An Act to provide for satisfying claims for bounty lands for military service in the War of 1812. The terms prescribed for the warrants by the Secretary of the Department of war in "an act to allow further time to complete the issue and locating of military land warrants during the late war, " and "an act to extend the time of issuing military land warrants to officers and soldiers of the Revolutionary army, both approved January 27, 1835, were renewed and continued in force for five years; patent would issue in the name of personal originally entitled to the …

California Legislature Act Of March 31, 1891, Stats 1891, Chap. 157, P. 221

Swamp and Overflow Lands Statutes

California act allowing the United States Surveyor-General to return lands within the State as swamp and overflowed lands after lands are shown on approved township plats and patents have been or may be issued by the State; so long as it did not affect any homestead or preemption settler claim or any pending suit in any Court.

California Legislature Revising Act, March 28, 1868, Stats 1867-68, Chap. 415, P. 507

Swamp and Overflow Lands Statutes

California Statute pertaining to the procedure for purchase of swamp and overflow lands, marsh lands, tide lands, acreage limitation and exclusion.

California Legislature April 4, 1870, Act To Amend An Act Entitled An Act To Provide For The Management And Sale Of The Lands Belonging To The State, Approved, March 28, 1868, Stats 1870, Chap. 573

Swamp and Overflow Lands Statutes

California Statute pertaining to the procedure for purchase of swamp and overflow lands, marsh lands, tide lands, acreage limitation and exclusion.

California Legislature Act To Legalize Applications Made For Purchase Of State Lands And To Confirm Title, March 27, 1872, Stats 1872, Chap. 425

Swamp and Overflow Lands Statutes

California Statute pertaining to the procedure for purchase of swamp and overflow lands, marsh lands, tide lands, acreage limitation and exclusion.

California Legislature Act Of March 25, 1909 Amending Political Code Of State Of California Adding Section 3443a Relating To Tide Lands

Swamp and Overflow Lands Statutes

California Statute amending the California Political Code, adding a new section 3443a, relating to tide lands of the state and the sale and purchase thereof.

The X Patents: Patents Issued Under The Patent Acts Of 1790 & 1793, Robert Berry

Librarian Publications

The earliest United States patents— sometimes called “name and date patents” because they were not numbered—are distinctive in many respects. Patent specifications were not required to include claims until the Patent Act of 1870. Moreover, while the 1790 Act required a substantive examination by a Patent Board, that requirement ended with the 1793 Act, when it was deemed too burdensome. Thereafter the evaluation of the sufficiency of patent specifications was left to the courts.

Researching The Early History Of The Patent Policy: Getting Started, Robert Berry

Librarian Publications

There are a lot of reasons to research the early history of American patent policy. It is an inherently interesting history that provides a framework making contemporary patent policy more comprehensible and a foundation for interpreting historic patent records. For students it provides an opportunity to become familiar with some of basic primary sources that are a staple of research into American history. Also, of course, questions may arise from time to time that can only be authoritatively answered by researching this history.

The approach described below seeks to balance comprehensiveness with feasibility, and emphasizes the importance of creating a …

Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 595. Legal papers, including license, 1808, copy of patent, 1812, with attached drawing of machine for shelling corn invented by Paul Pilsbury in 1803, and papers pertaining to lawsuit which evolved from the purchasing of the license by Williamson Gatewood of Bowling Green, Kentucky, for rights to sell the machine south of the Green River in Kentucky, 1812-1815. From Warren County Circuit Court Records #149.

A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning

USF Tampa Graduate Theses and Dissertations

This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there …

The Five Levels Of Inventions- A Classification Of Patents From Triz Perspective, Umakant Mishra

Umakant Mishra

The Five levels of Inventions is a popular concept in the study of TRIZ. Generally patent databases (like USPTO) classify inventions according to their topics or areas of invention. But they don’t classify inventions according to their easiness or usefulness or inventiveness. Altshuller classified patents into five levels according to their levels of inventiveness. The higher levels of inventions are difficult (and rare) while the lower levels of inventions are easy and plenty in number. This article attempts to explain the five levels of inventions in simple terms and the purpose behind such a classification. Although there are limitations and …