Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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Ill Suited to the Digital Age: Fourth Amendment Exceptions and Cell Site Location Information Surveillance
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HARMONIZING THE DOCTRINES OF ENABLEMENT AND OBVIOUSNESS IN PATENT LITIGATION
Get PDFThis Article examines the balance between advancing one\u27s arguments that a patent is invalid for lack of enablement and also arguing that a patent is invalid under 35 U.S.C. § 103 as being obvious over the prior art. This is significant with regards to arguments made by an expert in his or her expert report or at trial. A clear litigation strategy is thus recommended prior to reaching the expert report stage in a patent litigation
A PATENT PRIZE SYSTEM TO PROMOTE DEVELOPMENT OF NEW ANTIBIOTICS AND CONSERVATION OF EXISTING ONES
Get PDFAntibiotics are valuable drugs that fight bacterial infections, but our supply of antibiotics is at risk. Existing antibiotics gradually lose their effectiveness due to bacterial resistance, and few new antibiotics are being developed to replace them. A variety of models have been proposed to promote the conservation of existing antibiotics or incentivize private actors, i.e., drug companies, to develop new ones. Previous models, however, all encourage investment in antibiotic research and development via patent rights, which also create an incentive to oversell antibiotics. Because the inappropriate use of antibiotics accelerates the development of resistance, patent rights put the public health objectives of antibiotic development and conservation in tension with one another. This article proposes an antibiotic-specific patent prize system that uncouples the two policy objectives necessary to achieve a stable antibiotic supply. Although others have proposed patent prize systems to promote drug development generally, the system described here is tailored to address the unique features of antibiotic markets
RISING TOWARD APOTHEOSIS: THE DECONSTRUCTION OF THE WSIS TUNIS AGENDA FOR THE INFORMATION SOCIETY
Get PDFThe Tunis Agenda for the Information Society belongs in the realm of the few, but very important documents, that promote human reason, human rights and international law. Human rights concepts may be identified within the document as a social achievement of progression toward a common good. This progression toward an apotheosis represents a reminder that the world community must apply human rights standards to any accepted model for the management of the Internet, and yet, as we examine the entire "social process" and potential obstacles to the realization of the goals enshrined in the Tunis Agenda, we uncover the root of its message. These obstacles, within the Tunis Agenda, must be tackled within the context of a "geographical, political, religious, or intellectual" divide, and must be addressed as challenges, that impede the "path of human interaction" toward the effective "imagination of alternatives" and the potential for the arrangement of a workable road map that aims at approximating "a public order of human dignity, maximizing access to all things humans value.
Through A Router Darkly: How New American Copyright Enforcement Initiatives May Hinder Economic Development, Net Neutrality and Creativity
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THE "LEGAL EPIDEMIOLOGY" OF THE TEEN SEXTING EPIDEMIC: HOW THE MEDIA INFLUENCED A LEGISLATIVE OUTBREAK
Get PDFThis article considers the media?s impact on the “legal epidemiology” of the teen sexting epidemic. Here, “teen sexting epidemic” refers to two things: (1) the belief that sext messaging by teens is rampant and spreading, hence, is an epidemic; and (2) the process by which a piece of information spreads like a virus, came to be understood as a pathogen infecting teens, resulted in a rash of child pornography prosecutions, and erupted into an outbreak of sexting legislation, hence, the epidemiology of the legal issue. This article argues that the media was both a carrier of this virus, in that it communicated the information and conceptual frameworks that formed the public?s knowledge base of sexting and its legal implications, and a host environment in which forces interacted and transformed. To better understand the media?s role, this article includes an empirical analysis of the past five years of media coverage of teen sexting, and identifying both its temporal and topical trends. With this quantitative and qualitative base, the article then analyzes the relationship between coverage and the progression of the teen sexting epidemic from a social issue to a legal issue and, ultimately, to an outbreak of “curative” legislation. In doing so, it focuses on the child pornography prosecutions of teen sexters, the media?s criticism of that course of action, the reincarnated stories of sext-related suicides, and the nation?s recent sext-related legislation