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Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.
"The United States is the only nation in the world in which political leaders, judges and soldiers all swear allegiance not to a king or a people but to a document, the Constitution. The Constitution today, however, is much revered but little read. . Readers of AMERICAN EPIC will never think of the Constitution in quite the same way again. Garrett Epps, a legal scholar who is also a journalist and writer of prize-winning fiction, takes readers on a literary tour of the Constitution, finding in it much that is interesting, puzzling, praiseworthy, and sometimes hilarious. Reading the Constitution like a literary work yields a host of meanings that shed new light on what it means to be an American"--
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting...
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
May 2013 issue includes articles by internationally recognized scholars. Articles and Features include:• "City Unplanning," by David Schleicher • "Rethinking the Federal Eminent Domain Power," by William Baude • "Behavioral Economics and Paternalism," by Cass R. Sunstein • "The Continuum of Excludability and the Limits of Patents," by Amy Kapczynski & Talha SyedIn addition, the issue includes substantial contributions from student editors: • Note, "Should the Ministerial Exception Apply to Functions, Not Persons?," by Jed Glickstein • Note, "How Do You Measure a Constitutional Moment? Using Algorithmic Topic Modeling To Evaluate Bruce Ackerman's Theory of Constitutional Change," by Daniel Taylor Young • Comment, "Interpretation Step Zero: A Limit on Methodology as 'Law,'" by Andrew Tutt • Comment, "The JOBS Act and Middle-Income Investors: Why It Doesn't Go Far Enough," by James J. Williamson Finally, the issue features selected results from the "Prison Law Writing Contest," authored by Elizabeth A. Reid, Ernie Drain, and Aaron Lowers
Over the past several decades, the number of lawyers in large cities has doubled, women have entered the bar at an unprecedented rate, and the scale of firms has greatly expanded. This immense growth has transformed the nature and social structure of the legal profession. In the most comprehensive analysis of the urban bar to date, Urban Lawyers presents a compelling portrait of how these changes continue to shape the field of law today. Drawing on extensive interviews with Chicago lawyers, the authors demonstrate how developments in the profession have affected virtually every aspect of the work and careers of urban lawyers-their relationships with clients, job tenure and satisfaction, inco...
This issue of The Yale Law Journal (the third issue of Volume 121, academic year 2011-2012) features articles on "patent inflation" and on implementing federal health care reform within a state under principles of federalism. Contributors include the noted scholars Jonathan Masur and Abbe Gluck. The issue also features student contributions on punitive damages in tort law, taxation and "common control" doctrine, and the proper role of the Solicitor General. Ebook formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and comments), as well as fully-linked cross-references and properly presented tables.
Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.