• 28 U.S.C. § 1498(A) AND THE UNCONSTITUTIONAL TAKING OF PATENTS

      Miller, Joshua (2011-01-01)
      Eminent domain requires a showing of two elements: a property right, and a proper venue to bring suit against the government. 28 U.S. C. § 1498(a) grants patent owners the right to sue the United States for the unauthorized use of patents. This statute and its predecessors have long been viewed as an exercise of eminent domain over the patent property. The Federal Circuit ignored this view in Zoltek v. United States, holding that patents are not subject to eminent domain. However, Congress has acknowledged that litigation costs are a necessary part of a patent taking. If as precedent established long before Zoltek, Section 1498(a) is an eminent domain statute, its grant of litigation costs to only some entities is unconstitutional under the Fifth Amendment's just compensation requirement. This Article presents the argument that Section 1498(a) is unconstitutional. It argues that patents are a species of property and that § 1498(a) was intended to provide the proper venue for a patent owner to bring suit against the government for its exercise of eminent domain in using a patent without authorization. It then discusses the just compensation requirement and the constitutional infirmity within Section 1498(a) and presents an amendment to cure that infirmity.
    • A Balance Wheel On The Court

      Heineman, Ben (1986-01-01)
    • A BANCROFTIAN INVENTION

      TAYLOR, HANNIS (1908-01-01)
    • A Bed for the Night: Humanitarianism in Crisis

      Rieff, David (2014-02-18)
      During the 1990s, the world bore witness to a startling number of atrocities, from the much-publicized massacres in Bosnia and the genocide in Rwanda, to the lesser known civil wars in the Democratic Republic of Congo and the Sudan, which themselves claimed millions. To David Rieff, author of books such as Slaughterhouse: Bosnia and the Failure of the West and an experienced journalist who extensively covered Bosnia and Rwanda, the world is a place where literally billions suffer with little reason for hope. "Human rights" and "international community" are ideas with good intentions, but with little substance or weight behind them. For Rieff, the aid worker is one of the last remaining noble forces amidst this brutality. The aid worker brings food, care, and hope to both innocent and guilty alike in the worst of circumstances. Quoting one aid worker, Rieff defines traditional humanitarianism as "an effort to bring a measure of humanity, always insufficient, into situations that should not exist."' Because he holds the principles and acts of humanitarianism in such high regard, Rieff is deeply disturbed by the increased politicization of humanitarianism and the military interventions undertaken in its name in the 1990s. David Rieff's A Bed for the Night: Humanitarianism in Crisis is an emotionally raw and deeply personal argument that humanitarian organizations must be free from the constraints of the demands of donor governments and the broader ideological concerns of the human rights or "good governance" movements. Humanitarianism must be free to simply aid those in need. In making this argument, the book provides a view into the politics and subculture of humanitarian aid organizations, from the International Red Cross (IRC) to Doctors Without Borders (MSF); it takes as its examples the humanitarian crises of the 1990s, from Bosnia to Afghanistan.
    • A Bedroom of One's Own: Morality and Sexual Privacy after Lawrence v. Texas

      Herald, Marybeth (2015-11-06)
      If Justice Scalia's dire prediction in Lawrence v. Texas comes true, Texas, Georgia, Mississippi, Alabama, Louisiana, Kansas, and Colorado may no longer be able to forbid the sale of vibrators, dildos, and other "sex toys" within their borders. These states have enacted legislation to inhibit activity in the sex toys market. Under the now discredited Bowers v. Hardwick, which upheld criminalizing same-sex sodomy, the government was free to label the sale of sex toys as a "crime" by prosecuting it under the banner of morality. As Justice Scalia laments, however, Lawrence's overruling of Bowers may change all that by restricting the scope of permissible government intrusion in the bedroom.
    • A Bottom-Up Approach to International Lawmaking: The Tale of Three Trade Finance Instruments

      Levit, Janet (2005-01-01)
      International law often makes storytellers of onlookers. The stories that gain scholarly and popular traction are of a common genre, focusing on international law from the top down. They typically center on a state's treaty-based commitments or on an intergovernmental institution born from a treaty. They open with diplomats at majestic negotiating tables, secluded in remote yet pristine locations, wrangling politely over the text of a treaty. The climaxes are photo-opportunity events-a treaty-signing ceremony or the founding of a new institution. The denouement is the "trickle-down," the inevitably imperfect business of translating international law into domestic or transnational practice. This traditional, top-down international lawmaking story tells of state actors making international law and imposing it on others who may have been quite removed, geographically and politically, from the entire lawmaking process.
    • A Break in the Silence: Including Women's Issues in a Torts Course

      Finley, Lucinda (2015-10-13)
      I teach torts, a mainstay of the first year law curriculum. Judging from the way most casebooks present this subject, one would think that notions about gender roles and gender stereotypes are irrelevant to the past development or current understanding of tort law. Economic theory, on the other hand, is presented as obviously relevant to the subject. So what possible insights could feminist theory offer to tort law? After all, the torts course is not just about women. But neither is feminist theory. I also teach a course which is commonly misunderstood as marginal: a course on feminist theory and the law. Yet I am struck by the extent to which this course grapples with all the fundamental issues of human experience: birth, death, love, hate, marriage, divorce, caring, violence, employment, unemployment, economic security, poverty, power, and powerlessness. Far from being marginal, feminist theory is concerned with the entire realm of law.
    • A Breakthrough with the TPP: The Tobacco Carve-out

      Puig, Sergio; Shaffer, Gregory (2017-03-26)
      The United States has made great progress in reducing tobacco consumption at home while spending taxpayer money to promote its consumption abroad. 1 While U.S. tobacco consumption rates have fallen dramatically since the 1960s, they are soaring in the developing world. 2 Today, about twenty percent of adults in the world smoke, and more than eighty percent of them live in low- and middle-income countries. 3 As a result, tobacco could kill one billion people this century, and largely in these lower-income countries.
    • A Cable is a Very Big Wire

      1972-01-01
      A cable is a cavernous communications highway three hundred million radio-frequencies wide, as much larger than a telephone wire ;:; ..we are than an ant. The immense frequency capacity of the cable is indefinitely repeatable and infinitely flexible. In its atomic form of a single closed system, the concept and technology of cable is comparatively simple. But to envision it in its evolved aggregated form, the architectural complexity of cable communications presents an almost metaphysical challenge. The importance of cable? A mixture of fact and fancy, dreams and nightmares. The availability of tens to hundreds of video channels and thousands to millions of data channels on a mass basis can serve every imaginable communications purpose. Access by cable to computers, libraries, social services, commercial services, and education; community forums, soapbox studios, and cradle-to-grave records; Sears and Roebuck, The Whole Earth Catalogue, and pornography; wall screens, three-dimensional holography, burglar alarms, and surveillance; electronic mail, instantaneous credit verification, and the Internal Revenue Service on the home terminal. As cable communications matures, it will profoundly reorganize the pattern of our collective and individual lives.