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Articles 195451 - 195480 of 545328
Full-Text Articles in Law
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook
Michigan Telecommunications & Technology Law Review
Should a branded pharmaceutical company be allowed to pay a generic competitor to stay out of the market for a drug? Antitrust policy implies that such a deal should be prohibited, but the answer becomes less clear when the transaction is packaged as a patent-litigation settlement. Since Congress passed the Hatch-Waxman Act, which encourages generic manufacturers to challenge pharmaceutical patent validity, settlements of this kind have been on the rise. Congress, the Department of Justice, and the Federal Trade Commission have condemned these agreements as anticompetitive and costly to American consumers, but none of these bodies has been able to …
A Path Toward User Control Of Online Profiling, Tracy A. Steindel
A Path Toward User Control Of Online Profiling, Tracy A. Steindel
Michigan Telecommunications & Technology Law Review
Online profiling is "the practice of tracking information about consumers' interests by monitoring their movements online." A primary purpose of online profiling is to "deliver advertising tailored to the individual's interests," a practice known as online behavioral advertising (OBA). In order to accomplish this, publishers and advertisers track a individual's online behavior using cookies and other means. Publishers and advertisers aggregate the information, often compile it with information from offline sources, and sort individuals into groups based on characteristics such as age, income, and hobbies. Advertisers can then purchase access to these consumer groups, controlling their selections with such specificity …
The People's Trade Secrets, David S. Levine
The People's Trade Secrets, David S. Levine
Michigan Telecommunications & Technology Law Review
The content of administered public school exams, modifications made by a government to its voting machines, and the business strategies of government corporations should be of interest to the public. At a minimum, they are the kinds of information that a government should allow its citizens to see and examine. After all, the public might have some legitimate questions for its government: Is that public school examination fair and accurate? Is that voting machine working so that my vote gets counted? To whom or what is that government agency marketing and are kickbacks involved? One would think that the government …
Inconsistency Should Not Be Materiality: The Flaws In 37 C.F.R. § 1.56(B)(2), 10 J. Marshall Rev. Intell. Prop. L. 491 (2011), Lawrence Pope
Inconsistency Should Not Be Materiality: The Flaws In 37 C.F.R. § 1.56(B)(2), 10 J. Marshall Rev. Intell. Prop. L. 491 (2011), Lawrence Pope
UIC Review of Intellectual Property Law
The doctrine of inequitable conduct is in need of clarification. The Court of Appeals for the Federal Circuit has recently granted en banc review in Therasense, Inc. v. Becton, Dickinson, & Co. to determine the appropriate standards for each prong of inequitable conduct doctrine: materiality and intent. While the parties and the amici have almost unanimously proposed that the standard of materiality should be less inclusive than “what a reasonable examiner would want to know in deciding upon patentability,” there is much debate regarding how the standard for materiality should be articulated. One proposal is that the courts should look …
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent Developments: Hashmi V. Bennett: Joint Tort-Feasor Status Must Be Conferred Upon Individuals In A Settlement Agreement In Order To Reduce Contribution To A Jury Award Under The Maryland Uniform Contribution Among Joint Tort-Feasors Act, Catherine Simanski
University of Baltimore Law Forum
No abstract provided.
Credit Suisse V. Billing: The Limited Impact On Application Of Antitrust Laws In Federally Regulated Industries Following The 2008 Financial Crisis And Beyond, Jessica A. Rebarber
Credit Suisse V. Billing: The Limited Impact On Application Of Antitrust Laws In Federally Regulated Industries Following The 2008 Financial Crisis And Beyond, Jessica A. Rebarber
Journal of Business & Technology Law
No abstract provided.
Protecting The Children: The Need For Modern Day Balancing Test To Regulate Child Labor In International Business, S. Denay Brown
Protecting The Children: The Need For Modern Day Balancing Test To Regulate Child Labor In International Business, S. Denay Brown
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Winter 2011 ~ Volume 1, Issue 1 (Inaugural Issue)
Winter 2011 ~ Volume 1, Issue 1 (Inaugural Issue)
The Contemporary Tax Journal
No abstract provided.
Friends, Students, Taxpayers, Lend Me Your Ears! Pay Your Use Tax!, Ankit Mathur
Friends, Students, Taxpayers, Lend Me Your Ears! Pay Your Use Tax!, Ankit Mathur
The Contemporary Tax Journal
No abstract provided.
A Standard Home Office Deduction, Karen Connolly
A Standard Home Office Deduction, Karen Connolly
The Contemporary Tax Journal
No abstract provided.
Sunshine And Accountability: The Pursuit Of Information On Quality In Medicaid Managed Care, Sarah Somers, Jane Perkins, Nhelp .
Sunshine And Accountability: The Pursuit Of Information On Quality In Medicaid Managed Care, Sarah Somers, Jane Perkins, Nhelp .
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Fingerprints Of Equitable Estoppel And Promissory Estoppel On The Statute Of Frauds In Contact Law, Stephen J. Leacock
Fingerprints Of Equitable Estoppel And Promissory Estoppel On The Statute Of Frauds In Contact Law, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Organizational Management Of Conflicting Professional Identities, Cassandra Burke Robertson
Organizational Management Of Conflicting Professional Identities, Cassandra Burke Robertson
Faculty Publications
Professionals in the military have suffered criticism for their failure to counter military excess in the so-called "War on Terror" - especially in the area of torture and maltreatment of detainees. Much of the criticism leveled against such professionals has assumed that they were bad actors who were making a conscious choice to avoid the strictures of their code of ethics. This Article counters that narrative by applying identity theory to offer a more situations explanation. It argues that some of these professional failures arise from the cognitive incentives faced by individuals in an organization that rewards organizational deference over …
Genocide: A Normative Account By Larry May, Alexander K.A. Greenawalt
Genocide: A Normative Account By Larry May, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Saint Louis University Public Law Review
No abstract provided.
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Saint Louis University Public Law Review
No abstract provided.
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
Vanderbilt Law Review
L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …
Law Library Guide 2011–2012, Kresge Law Library, Research Services Department
Law Library Guide 2011–2012, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
The Character Of Legal Theory, Hanoch Dagan, Roy Kreitner
The Character Of Legal Theory, Hanoch Dagan, Roy Kreitner
Cornell Law Review
No abstract provided.
The Need For Non-Discretionary Interlocutory Appellate Review In Multidistrict Litigation, Andrew S. Pollis
The Need For Non-Discretionary Interlocutory Appellate Review In Multidistrict Litigation, Andrew S. Pollis
Faculty Publications
Multidistrict Litigation (MDL) is a tool for managing complex litigation by transferring cases with common questions of fact to a single judge for coordinated pretrial proceedings. The subject matter of the cases can run the gamut from airplane crashes to securities fraud to environmental disasters, such as the recent BP oil spill in the Gulf of Mexico. Today, about a third of all pending civil cases in federal court are part of the MDL system. A single judge renders all the important legal decisions in each MDL, exerting outsized impact on the parties and on the evolution of the law …
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Richmond Journal of Law & Technology
In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan
Richmond Journal of Global Law & Business
This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …
In The Wake Of Coast Federal: The Plain Meaning Rule And The Anglo American Rhetorical Ethic, Kemit A. Mawakana
In The Wake Of Coast Federal: The Plain Meaning Rule And The Anglo American Rhetorical Ethic, Kemit A. Mawakana
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Is It Just The Horns Of A Dilemma?, Craig Mousin
Is It Just The Horns Of A Dilemma?, Craig Mousin
Mission and Ministry Publications
No abstract provided.
Disability Rights, Welfare Law, Mark Weber
Disability Rights, Welfare Law, Mark Weber
College of Law Faculty
This article asks how disability rights ideas can be reconciled with—and might transform—the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person’s physical and mental conditions and society’s environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law to remove limits on …
Book Review Of: Growing A Constitution, Reviewing A Republic Of Statutes By William Eskridge And John Ferejohn, Leslie Gielow Jacobs
Book Review Of: Growing A Constitution, Reviewing A Republic Of Statutes By William Eskridge And John Ferejohn, Leslie Gielow Jacobs
McGeorge School of Law Other Faculty Works
Book review: A republic of statutes: The New American Constitution. William N. Eskridge, Jr. and John Ferejohn. New Haven: Yale University Press. 2010. Pp. viii + 582. Reviewed by Leslie Gielow Jacobs.