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International agreements do not generally address issues of secondary liability for infringement of intellectual property law rights, and there is little international consensus on this topic, even among the major industrialized nations. National laws tend to vary considerably regarding the...
Persistent link: https://www.econbiz.de/10014048482
In this manuscript, I address the largely unexplored issue of whether a sovereign may use its power of eminent domain not to pursue an affirmative public use, but rather to prevent an undesired private use (such as a landfill, rehabilitation facility, or other NIMBY-triggering use) from going...
Persistent link: https://www.econbiz.de/10014052542
In this manuscript, I criticize the Federal Circuit's current standard for evaluating the individual liability of corporate officers for the patent infringement of their corporations as being based incorrectly upon a piercing of the corporate veil (a doctrine applicable only to corporate...
Persistent link: https://www.econbiz.de/10014075544
Legal commentators, policy-makers, and the media argue that the current structures of environmental, bankruptcy, and corporate law permit firms to strategically use bankruptcy to inappropriately displace hundreds of millions of dollars of environmental liability onto taxpayers. However, the...
Persistent link: https://www.econbiz.de/10013027060
When the U.S. Court of Appeals for the Federal Circuit was created in 1982, commentators initially were enthusiastic about the court and its unique status as a specialized court. Today, however, scholars are increasingly worried that the creation of this specialized court for patent appeals has...
Persistent link: https://www.econbiz.de/10012981114
We examine the possible effects of private international cartels on developing countries by looking in detail at three recent cartel cases, as well as at a broader cross-section of 42 recently prosecuted international cartels. We discuss the indirect effects on developing country producers,...
Persistent link: https://www.econbiz.de/10013221847
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases differs so markedly not only from traditional legal...
Persistent link: https://www.econbiz.de/10013052722