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Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters 2023 University of Massachusetts School of Law

Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters

University of Massachusetts Law Review

Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, …


Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud 2023 University of Massachusetts School of Law

Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud

University of Massachusetts Law Review

The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is to open a new discussion on these issues, rooted in promoting cultural competency in the legal profession.


Neither A Borrower Nor A Lender Be: Analyzing The Sec’S Reaction To Crypto Lending, Carol R. Goforth 2023 University of Massachusetts School of Law

Neither A Borrower Nor A Lender Be: Analyzing The Sec’S Reaction To Crypto Lending, Carol R. Goforth

University of Massachusetts Law Review

In June 2021, the largest U.S.-based crypto exchange, Coinbase, announced plans to allow its customers to earn 4% interest on deposits of certain cryptoassets through a new “Coinbase Lend” program. Despite a positive reaction from its customers, on September 7, 2021, Coinbase announced it had received a notice from the Securities and Exchange Commission (SEC) to the effect that the Commission had preliminarily concluded that the proposed Lend program was a security and that Coinbase would be in violation of the federal securities laws if it proceeded. The threat of enforcement caused Coinbase to terminate the program. Shortly thereafter, in …


Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers 2023 The Graduate Center, City University of New York

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …


A Bibliography Of Faculty Scholarship, Kathryn J. DuFour Law Library 2023 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …


From The Acting Editor In Chief, Conrad C. Crane 2023 US Army War College

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 demi-issue of Parameters. Released approximately one month before the full issue of the journal, the demi-issue addresses unfolding current events and issues critical to our readership, generates interest in the forthcoming full issue by previewing upcoming content, and tackles the big questions being asked today in the fields of military strategy and defense policy. This Spring 2023 demi-issue focuses on Afghanistan and consists of an In Focus special commentary and the SRAD Director’s Corner.


Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti 2023 Universitas Diponegoro

Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti

Indonesia Law Review

This study explores whether or not Law No. 7 of 2016 for the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers discriminates against women. This law supports small fishermen since it requires the government to provide them with financial stability through harvest season output guarantees. On the other hand, we discovered that Law No. 7 of 2016, about the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has discriminatory consequences damaging the welfare of female fishermen. Because of sociological and cultural bias, female fishermen are the most neglected segment in the fishing sector. This is in …


Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap JR. 2023 Ohio Northern University

Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap Jr.

Ohio Northern University Law Review

No abstract provided.


Beyond Aristotle: Alternative Rhetorics And The Conflict Overthe U.S. Law Professor Persona(E), Carlo A. Pedrioli 2023 Ohio Northern University

Beyond Aristotle: Alternative Rhetorics And The Conflict Overthe U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.


A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy 2023 Ohio Northern University

A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy

Ohio Northern University Law Review

No abstract provided.


“That The Laws Be Faithfully Executed”:The Perils Of The Government Legal Advisor, David Luban 2023 Ohio Northern University

“That The Laws Be Faithfully Executed”:The Perils Of The Government Legal Advisor, David Luban

Ohio Northern University Law Review

No abstract provided.


Legal Education And The Legal Profession:Convergence Or Divergence?, Jerome M. Organ 2023 Ohio Northern University

Legal Education And The Legal Profession:Convergence Or Divergence?, Jerome M. Organ

Ohio Northern University Law Review

No abstract provided.


The Perspective Of Time: Some Observations On The Relationshipof Legal Education And Practice In The Past Century, Dean Gregory Mark 2023 Ohio Northern University

The Perspective Of Time: Some Observations On The Relationshipof Legal Education And Practice In The Past Century, Dean Gregory Mark

Ohio Northern University Law Review

No abstract provided.


Cultivating Learners Who Will Invent The Future Of Lawpractice: Some Thoughts On Educating Entrepreneurial Andinnovative Lawyers, Renee Newman Knake 2023 Ohio Northern University

Cultivating Learners Who Will Invent The Future Of Lawpractice: Some Thoughts On Educating Entrepreneurial Andinnovative Lawyers, Renee Newman Knake

Ohio Northern University Law Review

No abstract provided.


Law Schools Under Siege: The Challenge To Enhance Knowledge,Creativity, And Skill Training, Robert I. Reis 2023 Ohio Northern University

Law Schools Under Siege: The Challenge To Enhance Knowledge,Creativity, And Skill Training, Robert I. Reis

Ohio Northern University Law Review

No abstract provided.


Professor Kingsfield In Conflict:Rhetorical Constructionsof The U.S. Law Professor Persona(E), Carlo A. Pedrioli 2023 Ohio Northern University

Professor Kingsfield In Conflict:Rhetorical Constructionsof The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.


Amendability-Contingent Interpretation: Implications Ofvariance In Difficulty Of Formal Constitutional Change, Darren R. Latham 2023 Ohio Northern University

Amendability-Contingent Interpretation: Implications Ofvariance In Difficulty Of Formal Constitutional Change, Darren R. Latham

Ohio Northern University Law Review

No abstract provided.


An Explanation Of The Patient Protection Andaffordable Care Act, Wilton B. Hyman 2023 Ohio Northern University

An Explanation Of The Patient Protection Andaffordable Care Act, Wilton B. Hyman

Ohio Northern University Law Review

No abstract provided.


Modeling Church And State:The Ideological Use Of History In Establishmentclause Jurisprudence, Charles Kelbley 2023 Ohio Northern University

Modeling Church And State:The Ideological Use Of History In Establishmentclause Jurisprudence, Charles Kelbley

Ohio Northern University Law Review

No abstract provided.


Struck By Lightning:The Continuing Arbitrariness Of The Death Penaltythirty-Five Years After Its Re-Instatement In 1976a Report Of The Death Penalty Information Center, Richard C. Dieter 2023 Ohio Northern University

Struck By Lightning:The Continuing Arbitrariness Of The Death Penaltythirty-Five Years After Its Re-Instatement In 1976a Report Of The Death Penalty Information Center, Richard C. Dieter

Ohio Northern University Law Review

No abstract provided.


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