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State v. Lira Appellant\u27s Brief Dckt. 48863
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8271/thumbnail.jp
State v. Krueger Appellant\u27s Reply Brief Dckt. 48175
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8277/thumbnail.jp
State v. Stephan Respondent\u27s Brief Dckt. 48787
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8303/thumbnail.jp
State v. Wrede Appellant\u27s Brief Dckt. 48944
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8331/thumbnail.jp
State v. Russom Appellant\u27s Brief Dckt. 48998
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8334/thumbnail.jp
State v. Holt Respondent\u27s Brief Dckt. 49054
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8339/thumbnail.jp
Abstract Ideas: The Time has Come for Congress to Address the Patentability of Software and Business Method Invention
Get PDFWhat is an abstract idea? Is it merely an idea that cannot exist in concrete form? Or is there more to it? The term “abstract” is generally defined as “existing in thought or as an idea but not having a physical or concrete existence.” If this is the correct definition, then how can something physical be abstract? For almost five years now, the United States Patent and Trademark Office (USPTO), the courts, and even some of the most experienced patent practitioners have wrestled with this question. On June 19, 2014, the United States Supreme Court handed down its decision in Alice Corp. v. CLS Bank International, significantly curtailing the issuance of software and business method patents during the midst of the world-wide Digital Revolution. What was considered a narrow issue before the Court, unexpectedly turned into what most scholars might consider to be the most disruptive Supreme Court decision regarding subject-matter eligibility in the history of the U.S. patent laws. On certification before the Court was the issue of whether a genericcomputer implementation of using a third-party intermediary to mitigate settlement risk was a patent-eligible invention, or instead a patent-ineligible abstract idea. In answering this question affirmatively as to the latter, the Court seemingly moved closer to putting an end to the issuance of software and business method patents. To make matters even worse, the Court was reluctant to offer much guidance for determining whether different patents and patent applications claiming similar subject-matter were still patent-eligible. Since the Alice decision, however, the United States Court of Appeals for the Federal Circuit, in addition to the USPTO, have found ways to slowly revive the issuance of such patents, as well as provide some clarity as to what constitutes a patent-ineligible abstract idea. In addition, members of Congress have proposed solutions to the problem in the form of amending 35 U.S.C. § 101; however, getting members of Congress to back amendments to the patent law has proven to be another challenge. Thus, in light of these circumstances, including the fact that the United States is moving into the fourth phase of the Digital Revolution, this paper discusses why Congressional action is needed to determine just what type of inventions are patent eligible so as to “Promote the Progress of Science and the Useful Arts” as mandated by the United States Constitution
Securities Litigation: Law, Policy, and Practice (Second Edition)
No full textSecurities Litigation provides an analytical and practical framework addressing the key subjects in the field, complemented by problems and exercises to enhance students’ lawyering skills. U.S. Supreme Court and lower court cases that cover the key remedial provisions are highlighted, including Sections 11 and 12 of the Securities Act and Section 10(b) of the Securities Exchange Act, as well as alternative federal remedial statutes and secondary liability provisions. Integral to this discussion is a thorough treatment of class and derivative actions. Government enforcement is also analyzed, with particular focus on SEC and criminal enforcement.
In addition, state securities litigation is covered in depth, along with professional liability exposure. The new edition also adds coverage of cutting-edge issues, including the regulation of digital assets, new forms of market manipulation, the rise of state securities class actions, recent insider trading cases analyzing tipper-tippee liability, and unsettled questions about the fraud-on-the-market presumption of reliance.https://digitalcommons.law.uidaho.edu/facw_books/1033/thumbnail.jp
Adaptive Governance in North American Water Systems: A Legal Perspective on Resilience and Reconciliation in Water Resilience: Management and Governance in Times of Change
No full textThis book synthesizes current knowledge and understanding of management and governance in the context of water resilience; advances theory through synthesis of research and experiences from a variety of disciplinary perspectives. The book highlights the implications of theory and experience for innovation in practice and policy; and it explores frontiers and future research. The book further addresses the need for a consolidated, interdisciplinary approach to the theoretical advances and practical implications of water resilience for academics, resource managers, aid organizations, policy makers and citizens.https://digitalcommons.law.uidaho.edu/facw_bkcntri/1068/thumbnail.jp