The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Civil gang abatement is an innovative remedy employing civil injunctions to combat public nuisance activity by gangs. This strategy has been promoted as a problem-oriented response to gang problems. Allan examines whether the process of acquiring a "gang injunction" incorporates the primary dimensions of problem-oriented responses: flexibility and community involvement. Flexibility is evident in the even distribution of initiatives among three categories: high-drug, high-crime, and high-disorder. Evidence of community involvement is weak, due to the lack of community organizations in gang-plagued neighborhoods, the low-profile nature of the initiatives, and the potential for retaliation against participants. Although the expectation for community involvement in gang injunction initiatives should be tempered, civil gang abatement is an appropriate approach to neighborhood gang problems.
It was just over 12 years ago that we first sat down together to talk about psychological traps. In the relative calm of late afternoons, feet draped casually over the seedy furnishings of the Tufts psychology department, we entertained each other with personal anecdotes about old cars, times spent lost on hold, and the Shakespearean concerns of Rosencrantz and Guildenstern, Lord and Lady Macbeth, and other notables. Eventually, informed by our many illustrations and the excitement that their repeated telling engendered in the two of us, we began to move more formally into trap analysis. How do you know a trap when you see one? What are the shared characteristics of all psychological traps, regardless of origin, scope, or complexity? What are the key conceptual elements in any effort to differentiate among the traps of the world? What factors make us more or less apt to fall prey to entrapment? These were some of the questions that arose during these initial meetings. A series of weekly meetings stretched over the ensuing years-interrupted temporarily by various exigencies-and led eventually to a research program that grew to involve a number of students and faculty colleagues. At the time, of course, we did not regard our work as a "research program"; rather, even as our experiments proceeded to answer two burning questions at a time, they managed to raise three or four new issues that we had not anticipated before.
