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The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read More

08/30/2011 /
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3 Hastings Sci. & Tech. L. J. 471

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read more

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Thirty-Two Short Stories About Intellectual Property

Thirty-Two Short Stories About Intellectual Property

In the United States, intellectual property law is usually viewed as serving an economic policy by providing an incentive for authors and inventors to create works.  The incentive policy, however, ill fits the actual contours of intellectual property law and how artists and inventors use it. … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 1

In the United States, intellectual property law is usually viewed as serving an economic policy by providing an incentive for authors and inventors to create works.  The incentive policy, however, ill fits the actual contours of intellectual property law and how artists and inventors use it. … Read more

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Analyzing the Non-Competition Covenant as a Category of Intellectual Property Regulation

Analyzing the Non-Competition Covenant as a Category of Intellectual Property Regulation

The employee non-competition covenant is a category of intellectual property regulation, but it is rarely recognized as such. This essay proposes a new critique of the employee non-competition covenant: When we examine such covenants as a category of intellectual property regulation, they do not … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 69

The employee non-competition covenant is a category of intellectual property regulation, but it is rarely recognized as such. This essay proposes a new critique of the employee non-competition covenant: When we examine such covenants as a category of intellectual property regulation, they do not … Read more

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Limits on Hard-to-Reproduce Inventions: Process Elements and Biotechnology’s Compliance with the Enablement Requirement

Limits on Hard-to-Reproduce Inventions: Process Elements and Biotechnology’s Compliance with the Enablement Requirement

Reproducibility is the touchstone of the scientific method and one of the strongest norms of the research community.  In order to be accepted as scientific fact, results of an experiment must be reproducible by an independent operator following the description given by the original inventor.  This … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 109

Reproducibility is the touchstone of the scientific method and one of the strongest norms of the research community.  In order to be accepted as scientific fact, results of an experiment must be reproducible by an independent operator following the description given by the original inventor.  This … Read more

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An Accurate Diagnosis, But Is There A Cure?: An Appreciation of The Role of Science in Law by Robin Feldman

An Accurate Diagnosis, But Is There A Cure?: An Appreciation of The Role of Science in Law by Robin Feldman

Professor Feldman has provided an accurate and unsettling diagnosis of the law’s misuse of science.  Her central thesis is that the law defers to science far too much either by cloaking legal criteria in scientific terms, thus avoiding hard and indeed intractable problems, or by deferring to … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 157

Professor Feldman has provided an accurate and unsettling diagnosis of the law’s misuse of science.  Her central thesis is that the law defers to science far too much either by cloaking legal criteria in scientific terms, thus avoiding hard and indeed intractable problems, or by deferring to … Read more

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Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 165

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read more

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‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 193

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read more

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A Pathway to Follow-On Biologics

A Pathway to Follow-On Biologics

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 217

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read more

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Search Query Privacy: The Problem of Anonymization

Search Query Privacy: The Problem of Anonymization

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read More

08/27/2011

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read more

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Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to … Read More

08/27/2011 /
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2 Hastings Sci. & Tech. L. J. 183

U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to … Read more

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