The Supreme Court Bar

The Supreme Court Bar

Author: Kevin T. McGuire

Publisher: University of Virginia Press

Published: 1993

Total Pages: 284

ISBN-13: 9780813914497

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Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.


Deciding to Decide

Deciding to Decide

Author: H. W. Perry

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 332

ISBN-13: 9780674042063

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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.


Patent Law

Patent Law

Author: Craig Allen Nard

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9781587789021

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Concepts and Insights Series Professor Nard is the Tom J.E. and Bette Lou Walker Professor of Law and the founding director of the Center for Law, Technology, and the Arts at Case Western Reserve University School of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy at the University of Torino, Italy, and is a frequent lecturer at various European universities, including Bocconi University in Milan and the University of Barcelona. Mr. Nard clerked on the United States Court of Appeals for the Federal Circuit in Washington, D.C., for both the Honorable Giles S. Rich and Helen W. Nies. Before clerking on the Federal Circuit, Nard practiced patent law for four years in Dallas, Texas, focusing on patent litigation. His scholarship has been published in numerous law reviews, including the Georgetown Law Journal, Northwestern Law Review, and the Review of Law and Economics. Professor Wagner focuses his research and teaching in intellectual property law and policy, with a special interest in patent law. He is the author of over fifteen articles on topics ranging from an empirical analysis of judicial decision-making in the patent law to the First Amendment status of software programs. His work has appeared in the Stanford Law Review, the Columbia Law Review, and the University of Pennsylvania Law Review, among several others. He is a frequent lecturer on intellectual property topics, presenting his research at both academic institutions and prominent industry groups. Prior to joining the Penn faculty, Wagner served as a clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit. He holds a law degree from Stanford, an engineering degree from the University of Michigan, and was a Roger M. Jones Fellow at the London School of Economics. Book jacket.


Invented by Law

Invented by Law

Author: Christopher Beauchamp

Publisher: Harvard University Press

Published: 2015-01-05

Total Pages: 283

ISBN-13: 0674744543

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Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation. Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways. Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.


Drafting Patent License Agreements

Drafting Patent License Agreements

Author: Dennis P. O'Reilley

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781617467400

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"[This book] illustrates the growing importance of intellectual property transactions to business and the resulting attention such transactions receive in legislative, regulatory, and judicial areas. The new Eighth Edition tracks and discusses-clause by clause-all the critical components of patent and technology license agreements as well as non-disclosure agreements and collaboration agreements. The Eighth Edition also presents a current overview of all legal issues surrounding licensing including, patent exhaustion, antitrust, bankruptcy, Bayh-Dole, and export control. It includes new chapters on the UCC and licensing and on RAND licensing. Sample provisions include references to applicable legal and practical consequences. Major cases covered include Kimble v. Marvel Entertainment LLC; Azure Networks LLC v. CSR PLC; Helferich v. New York Times; STC.UNM v. Intel Corp.; Ericsson Inc. v. D Link Systems Inc.; Jaffe v. Samsung Electronics Co.; Microsoft Corp. v. Motorola Inc.; and FTC v. Actavis Inc."--


Patent Failure

Patent Failure

Author: James Bessen

Publisher: Princeton University Press

Published: 2009-08-03

Total Pages: 346

ISBN-13: 1400828694

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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.


Epstein on Intellectual Property

Epstein on Intellectual Property

Author: Michael A. Epstein

Publisher: Wolters Kluwer

Published: 2006-01-01

Total Pages: 1454

ISBN-13: 073555983X

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This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein. Epstein on Intellectual Property, Fifth Edition covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. You will consult this reference for expert answers to questions such as how to: Prevent the unauthorized use and disclosure of your company's trade secrets Determine what types of materials and information are covered by the copyright laws Apply for and enforce patents Reduce the risk of claims under the andquot;law of ideasandquot; Make effective use of noncompetition agreements Deal with the unique problems of biotechnology


The Law Market

The Law Market

Author: Erin A. O'Hara

Publisher: Oxford University Press

Published: 2009-02-09

Total Pages: 289

ISBN-13: 0199718482

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Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.