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Articles 361 - 390 of 420
Full-Text Articles in Education Law
Learning To Litigate: University Patents In The Knowledge Economy, Jacob H. Rooksby
Learning To Litigate: University Patents In The Knowledge Economy, Jacob H. Rooksby
Law Faculty Publications
Over the nearly two de cades since the publication of Academic Capitalism: Politics, Policies, and the Entrepreneurial University (Slaughter and Leslie 1997), the model of academic capitalism has become one of the more widely cited conceptual frameworks in the global literature on higher education. Works in the academic capitalist canon have relied on the two basic understandings of the theory of academic capitalism and the new economy, as articulated by Slaughter and Leslie (1997), Slaughter and Rhoades (2004), and Rhoades and Slaughter (2006). Rhoades and Slaughter (2006) summarize these two conceptual strands as “the increasing engagement of higher education institutions …
Universitytm: Trademark Rights Accretion In Higher Education, Jacob H. Rooksby
Universitytm: Trademark Rights Accretion In Higher Education, Jacob H. Rooksby
Law Faculty Publications
Colleges and universities are no strangers to intellectual property. In a higher education environment increasingly challenged by dwindling state appropriations and stagnant or declining tuition revenue, the pressure is on for colleges and universities to generate revenue via new channels. The commercialization of intellectual property has proven to be a popular, albeit imperfect, vehicle in furtherance of these efforts. Although there is no shortage of both legal and higher education commentary focusing on the treatment of patents and copyrights by institutions of higher education, trademark activity by colleges and universities largely has escaped attention. ...
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Washington Law Review
Many copyrightable works of university faculty members may be works-for-hire as defined under current U.S. copyright laws. Copyrights in works-for-hire are treated differently than copyrights in other works with respect to ownership, duration, termination rights, and requirements for transfer. Ambiguity over whether a specific faculty-created work is a work-for-hire creates legal uncertainties and potential future litigation about the initial ownership of the copyright, length of the copyright term, and termination rights which could impact all future transfers and licensing. Many universities have attempted to define ownership of faculty-created works through university policies. These policies are ineffective to alter the presumption …
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
The Real Issue Behind Stanford V. Roche: Faulty Conceptions Of University Assignment Policies Stemming From The 1947 Biddle Report, Sean M. O'Connor
The Real Issue Behind Stanford V. Roche: Faulty Conceptions Of University Assignment Policies Stemming From The 1947 Biddle Report, Sean M. O'Connor
Michigan Telecommunications & Technology Law Review
The recent Supreme Court decision in Stanford v. Roche laid bare a faulty assumption of the federal research funding system. Government patent policy for federally funded research relies on "contractors"--the recipients of federal funding--to secure patent assignments from their employees. While this practice was routine for private firms and nonprofit research institutions, it was not for universities. This was in part based on the relationship of faculty and other researchers to universities that differed from industry employment relationships. The roots of this faulty assumption can be traced to the seminal 1947 Biddle Report. Detailed monographs drafted as appendices to the …
Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose
Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose
UIC Review of Intellectual Property Law
The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …
Are Student Affairs Professionals “Educators?:” Student Affairs And The Scope Of The Educational Exemption Of Copyright Law, Dallas Long
Faculty and Staff Publications – Milner Library
Copyright is a critical, emerging issue in American higher education. Copyright restricts how educators use copyrighted materials in teaching activities. Although the fair use doctrine and the educational exemption in U.S. copyright law provide exceptions for educators, student affairs professionals might not meet the standards of the educational exemption. This paper serves as a primer on U.S. copyright law, the fair use doctrine, and the educational exemption. Analyses of case law suggest student affairs professionals should rely on the fair use doctrine rather than the educational exemption when using copyrighted materials for educational purposes.
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Law Faculty Publications
How universities handle potentially patentable discoveries made by their faculty reflects important policy decision that affect the greater public. While few research administrators in higher education would dispute that any university-owned patent should be used for society's benefit, the relationship between patents and the public good may be less apparent to those whose primary familiarity with patents stems from recent news reports of "patent trolls" and billion-dollar battles in the smartphone industry. ...
Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet
Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
Law Faculty Publications
The pursuit of patents is a key avenue of economic development and revenue generation for American research universities, and one with significant policy implications for higher education. In a time of shifting funding models for higher education, the $1.8 billion dollars American universities generated in revenues in 2011 from licensing their patents makes patenting an attractive candidate for further university attention and resource investment. Spurred in part by the Bayh-Dole Act of 1980, research universities across the country have created vast institutional apparatuses—typically centered in technology transfer offices (“TTOs”)—to help move ideas invented in the laboratory and classroom into commercial …
Patent Variation: Discerning Diversity Among Patent Functions, Jessica Silbey
Patent Variation: Discerning Diversity Among Patent Functions, Jessica Silbey
Faculty Scholarship
This Article describes and analyzes qualitative interview data collected over a five-year period. The goal of the interviews was to explore the roles of intellectual property (“IP”) in IP rich fields. Interviews were with diverse actors in a wide-range of industries: film, book publishing, visual arts, internet commerce, biology, engineering, chemistry, computer science. The data described and analyzed in this Article focuses on the specific question about the diverse functioning of patents in the subset of interviewees who are scientists and engineers, their lawyers and business partners. The Article proceeds in two parts. Part I describes the empirical dimension of …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
In a “cut-and-paste” Internet environment where plagiarism is easier than ever, academic institutions face the daunting challenges of promoting honesty and respect for the work of others and of ensuring the integrity of the learning and grading processes. Many academic institutions have accordingly turned to commercial plagiarism prevention and detection services, such as those provided by a company called Turnitin. Yet those institutions that use the Turnitin system may be fostering infringement of the intellectual property rights of their students. When Virginia’s McLean High School recently announced plans to use Turnitin, students balked and collected 1,190 student signatures on a …
Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich
Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich
Cardozo Public Law, Policy & Ethics Journal
The rise of peer-to-peer file-sharing platforms like Napster fundamentally disrupted the music industry, leading to a sharp decline in sales and prompting legal battles over copyright infringement. The note argues that traditional legal and market-based strategies to combat piracy have largely failed, necessitating a revised copyright system that balances industry interests with consumer behavior. It proposes a compulsory licensing model, inspired by the Choruss experiment, to legalize and monetize file sharing while ensuring fair compensation for rights holders.
Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino
Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino
FIMS Publications
In 2012, the British Columbia government announced a plan to fund a program that will result in the creation of open access textbooks for 40 lower-year university courses — the first such program in any of the provinces. This paper will argue that Ontario should follow British Columbia’s lead and invest in the development of a project to create and promote the use of open textbooks. The introduction will discuss the concept of open textbooks and the various initiatives and legislation that have been introduced in the United States, and British Columbia’s plan will be described in more detail. The …
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Michigan Business & Entrepreneurial Law Review
This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.
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 …
Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany
Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany
Michigan Telecommunications & Technology Law Review
Discontent is growing in academia over the practices of the proprietary scholarly publishing industry. Scholars and universities criticize the expensive subscription fees, restrictive access policies, and copyright assignment requirements of many journals. These practices seem fundamentally unfair given that the industries' two main inputs-articles and peer-review-are provided to it free of charge. Furthermore, while many publishers continue to enjoy substantial profit margins, many elite university libraries have been forced to triage their collections, choosing between purchasing monographs or subscribing to journals, or in some cases, doing away with "non-essential" materials altogether. The situation is even more dire for non-elite schools, …
Unconscionable Amateurism: How The Ncaa Violates Antitrust By Forcing Athletes To Sign Away Their Image Rights, 44 J. Marshall L. Rev. 533 (2011), Brian Welch
UIC Law Review
No abstract provided.
University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby
University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby
UIC Review of Intellectual Property Law
While the literature examining university engagement in patenting and technology transfer is quite developed, commentators largely have overlooked university involvement in patent litigation. This article focuses on one aspect of that involvement—initiation of patent infringement litigation—by providing a quantitative and textual analysis of patent infringement actions initiated by universities from 2009 through 2010. Suing for-profit actors for money may seem antithetical to the mission of not-for-profit universities, but in fact universities filed over fifty such cases in the studied time period. Examination of these cases reveals a remarkable similarity between the litigation behavior of universities and for-profit actors, as well …
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Testing As Commodification, Katharine B. Silbaugh
Testing As Commodification, Katharine B. Silbaugh
Faculty Scholarship
In this Essay, the author addresses criticism of the testing movement by education experts such as Jonathan Kozol. She explores the similarities in the discourses of philosophical discussions of commodification and behavioural economic discussions of intrinsic motivations. One conclusion that the author draws is that the comparison between the testing movement and commodification literature is not perfect, but they have both been counted, compared and measured, and flattened or thinned out of values.
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
West Virginia Law Review
No abstract provided.
The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley
The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley
Law Faculty Articles and Essays
The purpose of this article is to explore the increasing complexity of plagiarism litigation in the United States. A determination as to when attribution is necessary in order to avoid a charge of plagiarism raises questions of intent and subject matter specific questions of general knowledge, as well as constitutional and contractual questions of fairness, tort questions of defamation, and questions of fair use under copyright law or misrepresentation under the Lanham Act. Most of the reported cases still involve students who contest discipline from their respective academic institutions--discipline that can range from a course penalty to expulsion from the …
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Faculty Works
No abstract provided.
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Washington Law Review
In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Washington Law Review
In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …
Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky
Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky
Brigham Young University Education and Law Journal
No abstract provided.
The Teach Act: Recognizing Its Challenges And Overcoming Its Limitations, Oren R. Griffin, Stephana I. Colbert
The Teach Act: Recognizing Its Challenges And Overcoming Its Limitations, Oren R. Griffin, Stephana I. Colbert
Articles, Chapters in Books and Other Contributions to Scholarly Works
Technological advancements centered on the Internet, distance education, and digitally transmitted information have created tremendous opportunities for educational institutions. Congress enacted the Technology, Education, and Copyright Harmonization Act (TEACH Act) to exploit these opportunities and provide educators with an important tool to take advantage of the information super-highway. While the Congressional intent of the Act has merit, its provisions arguably create troubling obligations and potential liability for colleges and universities. This article discusses challenges presented by the TEACH Act and proposes modifications intended to address some of the most troubling aspects of the Act.