Volume 12

    Volume 16, Issue 1 - Spring 2012

  • INTERESTS IN THE BALANCE: FDA REGULATIONS UNDER THE BIOLOGICS PRICE COMPETITION AND INNOVATION ACT

    Parker Tresmer

    Recent advances in biotechnology are yielding increasingly prevalent and diverse biological products made from a variety of natural sources intended to diagnose, treat, and prevent disease. The Food and Drug Administration (FDA) continues to increase the number of biologics for which it grants approval, and biologics are being used to treat an increasing variety of […]

  • Volume 12, Issue 2 - Fall 2008

  • The Limits of Licensing: Quanta v. LGE and the New Doctrine of Simultaneous Exhaustion

    James W. Beard

    The Supreme Court’s decision in Quanta Computer, Inc. v. LG Electronics, Inc. clarifies the reach of the established doctrine of exhaustion and creates an ancillary expansion of that doctrine that I would call simultaneous exhaustion. In comparison to classic exhaustion, which generally establishes that patent rights are “exhausted” with respect to an individual item when […]

  • Volume 12, Issue 1 - Spring 2008

  • Commercialspeech.com: ACPA and the First Amendment

    Ian J. Silverbrand

    To protect the rights and opportunities of trademark holders, the American government has limited the rights and opportunities of innocent domain name users. This Article argues that the Anti-Cybersquatting Consumer Protection Act unconstitutionally violates the commercial speech doctrine. Though the Act directly advances a substantial governmental interest, the statutory construction of the Act is more […]

  • Beyond Efficiency: The Transformation of Courts through Technology

    Orna Rabinovich-Einy

    This paper advances the notion that procedure should be restored to the high road from which it has been diverted in the last decades. In the 1960s and 70s, the traditional approach, which subordinated procedure as ancillary to substance, was replaced by a much richer understanding of procedure’s significance. But this trend was reversed largely […]