Wednesday, March 30, 2011
Lefstin on Robinson and the Essence of Patent Law
Jeffrey Lefstin has delivered the inaugural Dean William Callyhan Robinson Lecture at the Columbus School of Law, Catholic University. This distinguished lectureship in intellectual property was created to honor William Robinson, the author of patent law's most influential work. The lecture was called "William Callyhan Robinson and the Essence of Patent Law," and here is the abstract: Professor Lefstin explores how Robinson -- originally an Episcopalian minister -- came to Catholicism and to patent law. Surprisingly, the two were intertwined in Robinson's thought, and both Robinson's Catholicism and his system of patent law were products of the unique milieu of late 19th Century America. Paradoxically, the cornerstone of Robinson's system of patent law --- his "essence of the invention" -- was both the most influential, and the most forgotten, aspect of his monumental work. Professor Lefstin examines how Robinson's concept shaped the patent law of the 20th Century, and how renewed attention to his concept might serve the patent law of the 21st.
Wednesday, March 23, 2011
Hazard on the Moral Position of Advocates
Geoff Hazard has co-authored an article with Professor Dana Remus (University of New Hampshire) called, "Advocacy Revalued," 159 U. Pa. L. Rev. 751 (2011). Here is the abstract:
A central and ongoing debate among legall ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars' focuses are misguided. Through reflection on Artistotle's treatise, Rhetoric, we defend advocacy in our legal system's litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy can, and sometimes does, involve improper and unethical use of adversarial techniques, but we demonstrate that these are problems of practice and not of structure and should be addressed as such.
A central and ongoing debate among legall ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars' focuses are misguided. Through reflection on Artistotle's treatise, Rhetoric, we defend advocacy in our legal system's litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy can, and sometimes does, involve improper and unethical use of adversarial techniques, but we demonstrate that these are problems of practice and not of structure and should be addressed as such.
Saturday, March 12, 2011
Little on SCOTUS Criminal Law Cases
The American Bar Association has now created a webpage for Rory Little's thumbnail analyses of all United States Supreme Court decisions related to criminal law or criminal procedure. The link is here: http://americanbar.org/groups/criminal_justice/resources/casesummaries.html. It is also now on my list of "Blogs With Hastings Participants."
Wednesday, March 9, 2011
Wu's Tribute to Judge Denny Chin
Frank Wu has published an essay titled, "Justice Through Pragmatism and Process: A Tribute to Judge Denny Chin," 79 Fordham L. Rev. 1497 (2011).
Tuesday, March 8, 2011
Symposium on Keitner's "Rights Beyond Borders"
Chimene Keitner's article on "Rights Beyond Borders" is the subject of an online symposium at the Opinio Juris blog today -- here are the individual URLs.
http://opiniojuris.org/2011/03/08/yjil-online-symposium/http://opiniojuris.org/2011/03/08/rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/
http://opiniojuris.org/2011/03/08/yjil-online-symposium/http://opiniojuris.org/2011/03/08/rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/http://opiniojuris.org/2011/03/08/a-comment-on-rights-beyond-borders/
Gray on Managing California's Water
Brian Gray and a group of co-authors have published a book called, Managing California's Water: From Conflict to Reconciliation (Public Policy Institute of California, 2011). The book's authors propose moving away from the current strategy: taking desperate action to save one species at a time under the federal and state Endangered Species Acts. Instead, they argue that a broader approach is more promising: creating better conditions for many species and addressing the multiple causes of ecosystem decline.
The book is available in bookstores, on Amazon in hard copy or Kindle, and on Google Books. There also is a link in the text below to the book and executive summary on PPIC's web site.
The book is available in bookstores, on Amazon in hard copy or Kindle, and on Google Books. There also is a link in the text below to the book and executive summary on PPIC's web site.
Mattei on Comparative International Law
Ugo Mattei has written a paper (co-authored by Hastings alum Boris Mamyluk) called, "Comparative International Law." The paper has been selected as one of the six out of a pool of more than sixty to be presented at the Annual Comparative Law Workshop at Yale Law School.
Robin Feldman Speaking Appearances
Robin Feldman has made the following recent speaking appearances:
In February, Robin presented her book Rethinking Patent Law (forthcoming Harvard University Press) to Yale Law School faculty members and fellows at the Yale Information Society Project.
In February, Robin was a moderator and discussant for prize-winning papers at a conference on patent remedies at Stanford Law School.
In January, Robin presented her article titled, "Whose Body Is It Anyway? Human Cells and the Strange Effects of Property & Intellectual Property," at a symposium at Stanford Law School. The piece will be published in the Stanford Law Review.
In January, Robin spoke at Stanford Law School’s Program in Law, Science & Technology. That same month, she spoke at Stanford Medical School’s Interdisciplinary Program on Access & Delivery of Essential Medicines on “Patent Principles for Life Science Inventions.”
Also in January, as the Chair of the AALS Section on Antitrust & Economic Regulation, Robin organized and moderated a panel at the annual meeting in San Francisco on the topic of “Drug Wars: The Battle Over Generic Pharmaceuticals.” Selected papers from the panel will be published in the Hastings Science & Technology Law Journal.
In February, Robin spoke at a women’s conference in Palo Alto on balancing work and family life.
In February, Robin presented her book Rethinking Patent Law (forthcoming Harvard University Press) to Yale Law School faculty members and fellows at the Yale Information Society Project.
In February, Robin was a moderator and discussant for prize-winning papers at a conference on patent remedies at Stanford Law School.
In January, Robin presented her article titled, "Whose Body Is It Anyway? Human Cells and the Strange Effects of Property & Intellectual Property," at a symposium at Stanford Law School. The piece will be published in the Stanford Law Review.
In January, Robin spoke at Stanford Law School’s Program in Law, Science & Technology. That same month, she spoke at Stanford Medical School’s Interdisciplinary Program on Access & Delivery of Essential Medicines on “Patent Principles for Life Science Inventions.”
Also in January, as the Chair of the AALS Section on Antitrust & Economic Regulation, Robin organized and moderated a panel at the annual meeting in San Francisco on the topic of “Drug Wars: The Battle Over Generic Pharmaceuticals.” Selected papers from the panel will be published in the Hastings Science & Technology Law Journal.
In February, Robin spoke at a women’s conference in Palo Alto on balancing work and family life.
Massey on Property
Calvin Massey is the sole author of a forthcoming casebook to be published by West in 2012: Property: Principles, Problems, and Cases.
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