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