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That Is Northern Lights Cannabis Indica . . . No, It's Marijuana: Navigating Through The Haze Of Cannabis And Patents, Dawson Hahn 2019 Concordia University School of Law

That Is Northern Lights Cannabis Indica . . . No, It's Marijuana: Navigating Through The Haze Of Cannabis And Patents, Dawson Hahn

Concordia Law Review

By their very nature, patents are exclusionary. A patent grants the right to exclude others from making use of an invention or process. But patents are also tools to promote innovation. However, when an invalid patent is granted, the patent becomes an exclusionary tool that also chills innovation. Invalid cannabis patents may be chilling innovation in the cannabis market, but they may not be the only thing. While the Controlled Substances Act continues to prohibit cannabis at a federal level, researchers and medical professionals will be unsure of the legality of their actions. This naturally leads to another chilling effect ...


Taxes, Spending, And Innovation, Michael Simkovic 2019 USC Gould School of Law

Taxes, Spending, And Innovation, Michael Simkovic

University of Southern California Legal Studies Working Paper Series

Part I: Billionaire Taxes, https://ssrn.com/abstract=3326615.

Part III: After Paying Ultra-High Net Worth Wealth Taxes, How Much Would Billionaires Have Left to Live on?, https://ssrn.com/abstract=3340925.

Key Takeaways:

- Innovation is the product of teamwork.

- Engineers and scientists play a critical role.

- Scientific research is insufficiently rewarded financially.

- Taxes can boost innovation by funding human capital investment and basic research.

- The amount of investment is important – who owns financial assets is not.

In formulating taxation and public investment policies, we should carefully consider data and the peer reviewed literature. Claims that we can drive more ...


Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer 2019 Ithaka S+R

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine readability ...


The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts 2019 University of Miami Law School

The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts

University of Miami Law Review

The United States Congress passed the Leahy Smith America Invents Act in 2011 in an effort to streamline the patent system and reduce patent litigation, allowing the United States to continue to be competitive globally. The Act enabled the U.S. Patent Office to facilitate patent challenges through an administrative process called inter partes review, an adversarial proceeding before the newly established Patent Trial and Appeal Board that was designed to be a cheaper and more efficient alternative for post-grant patent review than litigation in front of the federal district courts. In the years that followed, the Patent Trail and ...


Patent Litigators Playing Cowboys And Indians At The Ptab, Michael E. Benson 2019 Notre Dame Law School

Patent Litigators Playing Cowboys And Indians At The Ptab, Michael E. Benson

Notre Dame Law Review Online

This Essay concerns a new frontier of crafty strategy to keep patents from review by the Patent Trial and Appeal Board (PTAB)—the invocation of tribal sovereign immunity to prevent the PTAB from obtaining (subject-matter) jurisdiction over the patent invalidity dispute.

Part I of this Essay provides background information about a current case in which the litigant has attempted to use tribal sovereign immunity in order to avoid an inter partes review (IPR) proceeding before the PTAB. Part II provides a brief summary of the current relevant law (tribal, patent, administrative, etc.) pertaining to tribal sovereign immunity in the context ...


It's Raining Cats And Dogs Patents Coloring Book, Paulina Borrego 2019 University of Massachusetts - Amherst

It's Raining Cats And Dogs Patents Coloring Book, Paulina Borrego

Paulina Borrego

Coloring book containing a selected page from twelve different U.S.patents pertaining to the theme of cats and dogs.


The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran 2019 Yale Law School

The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran

Yale Journal of Law and Technology

State-sponsored cyber-attacks are on the rise and show no signs of abating. Despite the threats posed by these attacks, the states responsible frequently escape with impunity because of the difficulty in attributing cyber-attacks to their source. As a result, current scholarship has focused almost exclusively on overcoming the technological barriers to attribution.


A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag 2019 Yale Law School

A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag

Yale Journal of Law and Technology

Ten years ago, the city of Chattanooga, Tennessee built its own high-speed Internet network, and today Chattanooga's publicly owned Internet infrastructure (''public broadband" or "municipal broadband'? is faster and more affordable than almost anywhere else in the world. In this Article, I make the case for why other communities currently underserved by private broadband providers should consider building their own high-speed broadband networks and treating Internet as an essential public service akin to water or electricity, and I explore means by which these communities can overcome the legal and political hurdles they may face along the way.


Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato 2019 Seventh Samurai, LLC

Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato

Yale Journal of Law and Technology

Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal field has protected itself from technological disruptions by maintaining a professional monopoly over legal work and limiting the "practice of law" to only those who are licensed.


Paying Patients: Legal And Ethical Dimensions, Govind Persad 2019 Assistant Professor, Department of Health Policy and Management, Johns Hopkins University

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Yale Journal of Law and Technology

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying ...


Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman 2019 Professor of Law at the George Washington University Law School

Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman

Yale Journal of Law and Technology

As artificial intelligence and big data analytics increasingly replace human decision making, questions about algorithmic ethics become more pressing. Many are concerned that an algorithmic society is too opaque to be accountable for its behavior. An individual can be denied parole or credit, fired, or not hired for reasons that she will never know and which cannot be articulated. In the public sector, the opacity of algorithmic decision making is particularly problematic, both because governmental decisions may be especially weighty and because democratically elected
governments have special duties of accountability.


Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar 2019 Associate at Ballard Spahr LLP.

Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar

Yale Journal of Law and Technology

The First Amendment's prohibition on prior restraints on speech is generally understood to be near-absolute. The doctrine permits prior restraints in only a handful of circumstances, and tends to require compelling evidence of their necessity. The focus of this Article is the source of an unexpected but important challenge to this doctrine: government surveillance in the digital age. Recent litigation about the constitutionality of the Stored Communications Act (SCA) highlights that challenge. The SCA authorizes the government both to obtain a person's stored internet communications from a service provider and to seek a gag order preventing the provider ...


The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi 2019 Fulbright Canada Research Chair in Health Law, Policy, and Ethics, University of Ottawa and Associate Professor, University of Missouri School of Law

The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi

Yale Journal of Law and Technology

The pharmaceutical industry is in a state of fundamental transition. New drug approvals have slowed, patents on blockbuster drugs are expiring, and costs associated with developing new drugs are escalating and yielding fewer viable drug candidates. As a result, pharmaceutical firms have turned to a number of alternative strategies for growth. One of these strategies is "drug repurposing"-finding new ways to deploy approved drugs or abandoned clinical candidates in new disease areas.


Trademark Issues Relating To Digitalized Flavor, John T. Cross 2019 University of Louisville School of Law

Trademark Issues Relating To Digitalized Flavor, John T. Cross

John Cross

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.


Competition Law And Copyright Misuse, John T. Cross, Peter K. Yu 2019 Texas A&M University School of Law

Competition Law And Copyright Misuse, John T. Cross, Peter K. Yu

John Cross

In the past two decades, copyright protection throughout the world has been greatly expanded to respond to challenges posed by new communications technologies and copyrightable subject matters. As protection has increased, the growing power of copyright owners has also led to market abuses that stifle competition and innovation. In response to these abuses, courts, litigants, policy makers, and commentators have increasingly embraced competition law, the doctrines of copyright misuse and unclean hands, and tort law concepts as counter-balancing tools. This article discusses four different types of abuse that has occurred in the copyright area and examines the various legal doctrines ...


Giving Credit Where Credit Is Due: Revisiting The Doctrine Of Reverse Passing Off In Trademark Law, John T. Cross 2019 Selected Works

Giving Credit Where Credit Is Due: Revisiting The Doctrine Of Reverse Passing Off In Trademark Law, John T. Cross

John Cross

During the past twenty years, courts have increasingly come to accept a cause of action for "reverse passing off." Unlike the more typical case of passing off, reverse passing off occurs when a defendant sells a product manufactured by a plaintiff under the defendant's own mark. Despite this difference, courts regularly invoke federal and state trademark laws, including the Lanham Act, to give the plaintiff a right to recover. This Article challenges that conclusion. It argues that the Lanham Act does not actually support a cause of action against a defendant who engages in reverse passing off. In addition ...


Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson 2019 Santa Clara Law

Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson

Santa Clara High Technology Law Journal

ARTIFICIAL INTELLIGENCE AND THE FOG OF INNOVATION: A DEEP-DIVE ON GOVERNANCE AND THE LIABILITY OF AUTONOMOUS SYSTEMS


Algorithms And Human Freedom, Robert H. Sloan, Richard Warner 2019 Santa Clara Law

Algorithms And Human Freedom, Robert H. Sloan, Richard Warner

Santa Clara High Technology Law Journal

ALGORITHMS AND HUMAN FREEDOM


When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper 2019 Ithaka S+R

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in ...


Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason McIntyre 2019 Elisabeth Haub School of Law at Pace University

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether ...


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