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Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer 2022 University of California Berkeley School of Law

Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer

Faculty Scholarship

In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


From The Editor-In-Chief, Ashlee Raskulinecz 2022 University of California, Hastings College of the Law

From The Editor-In-Chief, Ashlee Raskulinecz

Hastings International and Comparative Law Review

No abstract provided.


Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett 2022 University of California, Hastings College of the Law

Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett

Hastings International and Comparative Law Review

New Zealand has often been imagined as a place of refuge in the event of social, ecological, economic or another catastrophe. The Covid-19 pandemic drew heightened attention to the desirability of access to a remote and temperate country. For ‘preppers’ of Silicon Valley, such access represents a form of apocalypse insurance. Google co-founder Larry Page was able to enter the country, when it was effectively sealed off to outsiders, to secure medical treatment for his child. To the surprise of many, who have been waiting months if not years for their residency applications to be processed, his investor category class ...


Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'orsi 2022 University of California, Hastings College of the Law

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

Hastings International and Comparative Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive ...


Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith 2022 University of California, Hastings College of the Law

Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith

Hastings International and Comparative Law Review

The Mullaperiyar dam dispute between the South Indian states of Kerala and Tamil Nadu, which pertains to the safety of a 126-year-old dam, despite a ruling by the Supreme Court of India to retain the dam, keeps on reappearing before the Court in one way or other. The primary reason for such a recurrence is the fear of 4 million people of Kerala living downstream the century-old dam. Yet the Court has been reluctant to make a final settlement to the dispute and keeps on encouraging the states to find a solution through the political process.

The reluctance of the ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings Business Law Journal

No abstract provided.


Foreword, Gina Ahmar, Rebecca Siegel 2022 University of California, Hastings College of the Law

Foreword, Gina Ahmar, Rebecca Siegel

Hastings Business Law Journal

No abstract provided.


The Ethics Of Cryptocurrency, Gordon Goodman Justice 2022 University of California, Hastings College of the Law

The Ethics Of Cryptocurrency, Gordon Goodman Justice

Hastings Business Law Journal

No abstract provided.


Intellectual Property Licenses In Cross-Border Insolvency: Lessons From In Re Qimonda, M P Ram Mohan, Aditya Gupta 2022 University of California, Hastings College of the Law

Intellectual Property Licenses In Cross-Border Insolvency: Lessons From In Re Qimonda, M P Ram Mohan, Aditya Gupta

Hastings Business Law Journal

Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross Border Insolvency. However, the Committee overlooked a crucial jurisprudential guideline, which colored the interpretation of the Model Law. It was a crossborder insolvency dispute between American and German regimes. An American bankruptcy court subjected to the German administration of American Intellectual Property assets to protection exclusively available ...


Private Meetings Between Firm Managers And Outside Investors: The European Paradigm, Giovanni Strampelli 2022 University of California, Hastings College of the Law

Private Meetings Between Firm Managers And Outside Investors: The European Paradigm, Giovanni Strampelli

Hastings Business Law Journal

Institutional ownership of listed companies has grown significantly, leading to an increase in ownership concentration in the European Union. Under the current context of re-concentrated ownership, institutional shareholders are expected, also in Europe, to play a more active role in corporate governance and to exert influence on the company’s strategies. Within such a corporate governance landscape institutional investor engagement is becoming a distinctive feature of corporate governance of European listed companies. In particular, board-shareholder dialogue is a key engagement tool and is essential in order to enable institutional investors to fulfil their stewardship functions. Board-shareholder dialogue is also core ...


The Balancing Of Executive Emergency Powers As They Relate To The Pandemic And Eviction Control, Marialexa Natsis 2022 University of California, Hastings College of the Law

The Balancing Of Executive Emergency Powers As They Relate To The Pandemic And Eviction Control, Marialexa Natsis

Hastings Business Law Journal

No abstract provided.


Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta da Silva 2022 American University in Cairo

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home ...


Blockchain Land Transfers: Technology, Promises, And Perils, Vincent OOI, Kian Peng SOH, Jerrold SOH 2022 Singapore Management University

Blockchain Land Transfers: Technology, Promises, And Perils, Vincent Ooi, Kian Peng Soh, Jerrold Soh

Research Collection School Of Law

The blockchain’s apparent immutability has attracted significant interest on whether it may be relied on for registering and transferring land. Proponents of blockchain-based land systems point toward data security, automated transacting, and improved accessibility as key benefits; critics raise concerns over structural vulnerabilities, such as majority attacks, and inconsistencies with existing legal frameworks. The literature, however, tends to conceptualise blockchain as one monolithic data structure invariably built on the same mechanisms powering Bitcoin. This paper seeks to situate the debate on a closer understanding of the range of blockchain implementations possible. To this end, we provide a detailed technological ...


An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women’S Access To Abortion, Mitchell J. Foster 2022 Portland State University

An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women’S Access To Abortion, Mitchell J. Foster

University Honors Theses

Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court’s overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially ...


Nudging Users Towards Data Privacy, Ossama Hanafy 2022 The American University in Cairo AUC

Nudging Users Towards Data Privacy, Ossama Hanafy

Theses and Dissertations

The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially ...


The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou 2022 American University in Cairo

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state ...


Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers 2022 University of Baltimore School of Law

Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers

All Faculty Scholarship

To speak of “empire” today is to evoke the history of China and of Rome, two great empires that vastly influenced the culture and development of half the globe. The whole world has been touched by their powerful examples, so that even someone writing, as I do, in a distant corner of North America, feels the history and influence of the Roman and Chinese empires every day. Nor are they unique. Something like “empire” has arisen wherever there was wealth and stability to support it. Rome and China had numerous rivals in the East and West who aspired to empire ...


Journal Staff, 2022 Duke Law

Journal Staff

Alaska Law Review

No abstract provided.


Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky 2022 Duke Law

Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky

Alaska Law Review

The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving "Indian Tribe" entitlement to CARES Act relief funds. To better understand the reason uncertainty remains after more than 150 years since the purchase of Alaska from Russia, and more than sixty years after Alaska's statehood, we must look to the unique history of Alaska Natives. Starting in the mid-1700s, this Article surveys the ...


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