- The Promise of Priority Review Vouchers as a Legislative Tool to Encourage Drugs for Neglected Diseases
By: Lesley Hamming
Despite the intellectual property system’s success in promoting the economic well-being of the United States, this system has not achieved all socially valuable ends. Insufficient treatments are applied both to diseases endemic in developing countries, such as malaria, and rare diseases, such as rare childhood cancers. This Issue Brief reviews the existing ...
- The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation
By: Sara Jeruss, Robin Feldman, & Joshua Walker
Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data.
In 2011 Congress directed the nonpartisan Government ...
- Cooking Protestors Alive: The Excessive-Force Implications of the Active Denial System
By: Brad Turner
The Active Denial System (ADS) is unlike any other nonviolent weapon: instead of incapacitating its targets, it forces them to flee, and it does so without being seen or heard. Though it is a promising new crowd-control tool for law-enforcement, excessive-force claims involving the ADS will create a Fourth Amendment jurisprudential paradox. Moreover, ...
- A Comparative Critique to U.S. Courts’ Approach to E-Discovery in Foreign Trials
By: Lauren Ann Ross
This Issue Brief explores an oft-neglected irony in international e-discovery: the rationales used by courts to compel discovery against foreign parties embroiled in litigation in U.S. courts may contradict courts’ reasoning when compelling discovery against U.S. parties engaged in litigation overseas. U.S. courts often grant petitions for discovery, increasingly electronic in form, ...
- The Myth and Reality of Dilution
By: Sandra L. Rierson
Statutory dilution claims are traditionally justified on the theory that even non-confusing uses of a famous trademark (or similar mark) can nonetheless minutely dilute the source-identifying capacity of the targeted trademark. This Article challenges that theory. The evidence that this phenomenon occurs is weak and has been subject to substantial ...
