The Public Nature Of Indian Reservation Roads,
2012
Seattle University School of Law
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members,
2012
Seattle University School of Law
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Gas Tax Agreements In Indian Country,
2012
Seattle University School of Law
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?,
2012
Seattle University School of Law
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
The Myth Of The Sole Inventor,
2012
Stanford Law School
The Myth Of The Sole Inventor, Mark A. Lemley
Michigan Law Review
The theory of patent law is based on the idea that a lone genius can solve problems that stump the experts, and that the lone genius will do so only if properly incented. But the canonical story of the lone genius inventor is largely a myth. Surveys of hundreds of significant new technologies show that almost all of them are invented simultaneously or nearly simultaneously by two or more teams working independently of each other. Invention appears in significant part to be a social, not an individual, phenomenon. The result is a real problem for classic theories of patent law. …
Antitrust Rulemaking As A Solution To Abuse On The Standard-Setting Process,
2012
University of Michigan Law School
Antitrust Rulemaking As A Solution To Abuse On The Standard-Setting Process, Adam Speegle
Michigan Law Review
While many recognize the critical role that technology plays in modern life, few appreciate the role that standards play in contributing to its success. Devices as prevalent as the modern laptop computer for example, may be governed by over 500 interoperability standards, regulating everything from the USB drive to the memory chip. To facilitate adoption of such standards, firms are increasingly turning to standard-setting organizations. These organizations consist of members of an industry who agree to abide by the organization's bylaws, which typically regard topics such as patent disclosure and reasonable licensing. Problems arise, however, when members violate these bylaws …
The Institutional Role In Arbitrating Patent Disputes,
2012
Pepperdine University
The Institutional Role In Arbitrating Patent Disputes, Murray Lee Eiland
Pepperdine Dispute Resolution Law Journal
This paper will address, in particular, the nature of an international patent dispute and how the rules of the main arbitral institutions influence the unfolding arbitration. The main issue considered here is if institutional rules address the particular needs of patent disputes. Arbitral institutions are prepared to resolve many kinds of disputes, but because they operate under different rules, some may be more or less prepared for the special nature of IP. Patent related disputes are even more specialized. Even small differences in institutional rules can have a large impact upon the unfolding arbitration. After a brief consideration of arbitrability, …
The Ontological Function Of The Patent Document,
2012
University of North Carolina School of Law
The Ontological Function Of The Patent Document, Andrew Chin
Faculty Publications
With the passage and impending implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written …
Check-In,
2012
Northwestern Pritzker School of Law
Check-In, Attendees Of The Symposium
NJTIP Annual Symposium
Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium
Rescuing The Invention From The Cult Of The Claim,
2012
Cornell Law School
Rescuing The Invention From The Cult Of The Claim, Oskar Liivak
Cornell Law Faculty Publications
Patent law is certainly a specialized field but I didn’t think it would be a cult. The term ‘invention’ appears in many critical statutory locations. Yet we have been taught, perhaps brainwashed, to give the term zero substantive import. Substantive use of the invention has been purged from patent doctrine. Instead every substantive question in patent law is answered by reference to the claims, the legal descriptions of the ‘metes and bounds’ of a patent’s exclusionary reach. Despite its promise of precision and uniformity, our modern invention-less system is anything but precise and uniform. This article argues that the trouble …
The Future Of Free Expression In A Digital Age,
2012
Pepperdine University
The Future Of Free Expression In A Digital Age, Jack M. Balkin
Pepperdine Law Review
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …
Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause,
2012
Pepperdine University
Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton
Pepperdine Law Review
No abstract provided.
Will Gene Patents Impede Whole Genome Sequencing?: Deconstructing The Myth That 20% Of The Human Genome Is Patented,
2012
University of Missouri-Kansas City
Will Gene Patents Impede Whole Genome Sequencing?: Deconstructing The Myth That 20% Of The Human Genome Is Patented, Christopher M. Holman
IP Theory
No abstract provided.
Data Management Policies And Issues With Life Science Data,
2012
National Network of Libraries of Medicine, South Central Region
Data Management Policies And Issues With Life Science Data, Michelle Malizia
Lecture Series on E-Science
Data management and sharing are relatively new concepts in the health and life sciences fields. This presentation will cover some basic policies as well as the impediments to data sharing unique to health and life sciences data.
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography,
2012
Court of Appeals of Maryland
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro
Fordham Intellectual Property, Media and Entertainment Law Journal
Murderabilia refers to items whose commercial value stems from their relation to a notorious crime or criminal. To protect victims of crime from psychological harm, most states have passed laws restricting the sale of murderabilia. Many of these laws have been challenged on First Amendment grounds, and observers consider them to be of questionable constitutionality. I propose that the constitutional framework allowing states to restrict child pornography can solve this problem. In New York v. Ferber, the Supreme Court held that states may restrict child pornography as speech, without regard to its First Amendment value, because it is “intrinsically related” …
Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World,
2012
Fordham University School of Law
Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World, Andrew Cabasso
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Could Possibly Be Against A Treaty For The Blind?,
2012
Fordham University School of Law
Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act,
2012
Indiana University - Robert H. McKinney School of Law
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
Fordham Intellectual Property, Media and Entertainment Law Journal
Without a doubt, health care costs are on the rise, and how to reduce those costs is of great concern to many. The Hatch-Waxman Act attempts to reduce pharmaceutical costs by encouraging market entry by lower-priced generic pharmaceuticals and without a doubt has been successful in doing so over the last three decades. The question is, at what price? Although designed to balance greater generic market entry with stronger incentives for brand-name pharmaceutical innovators to continue developing new drugs, the Act appears to have fall short of making those incentives nearly strong enough and, indeed, likely weakens them. Perhaps more …
The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation,
2012
Northwestern University School of Law
The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation, Nick Gamse
Fordham Intellectual Property, Media and Entertainment Law Journal
In the thirty-plus years since FCC v. Pacifica Foundation revolutionized content-based broadcast regulation, much has changed. Although broadcast television was recognized as a dangerously pervasive medium in 1978, it is no longer the dominant force that it once was, with the vast majority of Americans now paying for subscription television services like cable or satellite. And while the Pacifica Court strove to support parents in their struggle to protect their children from pervasive inappropriate content by upholding the FCC’s content regulation, technological developments like the V-Chip, cable boxes, DVRs, and satellite boxes have afforded modern parents various self-help alternatives. Many …
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States,
2012
Petrik Law Firm
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik
Fordham Intellectual Property, Media and Entertainment Law Journal
The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …
