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Articles 1 - 9 of 9
Full-Text Articles in Law
Right Of Self, Mitchell F. Crusto
Right Of Self, Mitchell F. Crusto
Washington and Lee Law Review
The exercise of free will against tyranny is the single principle that defines the American spirit, our history, and our culture. From the American Revolution through the Civil War, the two World Wars, the Civil Rights Movement, and up to today, Americans have embraced the fundamental rights of the individual against wrongful governmental intrusion. This is reflected in our foundational principles, including the Magna Carta, the Bill of Rights to the United States Constitution, the Reconstruction Amendments, the Nineteenth Amendment, and, more recently, in the Supreme Court’s recognition of fundamental individual rights within the Constitution’s penumbras. However, there is no …
The Copyright Act’S Mandatory-Deposit Requirement: Unnecessary And Unconstitutional, Drew Thornley
The Copyright Act’S Mandatory-Deposit Requirement: Unnecessary And Unconstitutional, Drew Thornley
Loyola of Los Angeles Law Review
Many people are unaware of a federal copyright statute that requires owners of material published in the United States to furnish the federal government with two copies of each item published. Section 407(a) of the Copyright Act of 1976 (17 U.S.C. § 407) states that “the owner of copyright or of the exclusive right of publication in a work published in the United States shall deposit, within three months after the date of such publication—(1) two complete copies of the best edition; or (2) if the work is a sound recording, two complete phonorecords of the best edition, together with …
Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer
Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer
Journal Articles
When an agency incorporates by reference, it promulgates a rule that identifies—but does not reprint—material already published elsewhere. The incorporated materials thus become binding law without actually being printed in the agency's regulations. Sometimes the incorporated materials are privately developed technical standards, which are often copyrighted and available only for a fee. This restriction on access undermines transparency and public participation in the rulemaking process. Finding a solution is challenging because the problem is multidimensional, implicating public policy in the areas of administrative law, federal standards law and policy, and copyright.
This teaching guide is part of module that offers …
The Aia Is Not A Taking: A Response To Dolin & Manta, Camilla A. Hrdy, Ben Picozzi
The Aia Is Not A Taking: A Response To Dolin & Manta, Camilla A. Hrdy, Ben Picozzi
Washington and Lee Law Review Online
No abstract provided.
Taking Patents, Gregory Dolin, Irina D. Manta
Taking Patents, Gregory Dolin, Irina D. Manta
All Faculty Scholarship
The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …
The Classical Constitution, Herbert Hovenkamp
The Classical Constitution, Herbert Hovenkamp
Herbert Hovenkamp
Conservative and libertarian constitutional writers have often pined for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, it would …
Federal Patent Takings, Christopher S. Storm
Federal Patent Takings, Christopher S. Storm
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Government Giveth, And The Government Taketh Away: Patents, Takings, And 28 U.S.C. § 1498, Justin Torres
The Government Giveth, And The Government Taketh Away: Patents, Takings, And 28 U.S.C. § 1498, Justin Torres
ExpressO
The argument over whether patents are protected by the Fifth Amendment’s Takings Clause has largely been confined to normative grounds. To the extent that these arguments reference the 1910 Patent Act, the statute that enables patentees to recover “reasonable and entire” compensation for infringement by the government (later codified as 28 U.S.C. § 1498), they conclude that the provision adds little to the argument. And in Zoltek Corp. v. United States, the Court of Appeals for the Federal Circuit determined that the very existence of § 1498 indicates that there is no Fifth Amendment claim for patent infringement, since an …
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
Faculty Publications
Eminent domain and thought control are occurring in cyberspace. Through the Anticybersquatting Consumer Protection Act (ACPA), the government transfers domain names from domain-name owners to private parties based on the owners' bad-faith intent. The owners receive no just compensation. The private parties who are recipients of the domain names are trademark holders whose trademarks correspond with the domain names. Often the trademark holders have no property rights in those domain names: trademark law only allows mark holders to exclude others from making commercial use of their marks; it does not allow mark holders to reserve the marks for their own …