Articles

Jan
30

Presidential Policy Directive 20 authorizes the United States government to counterattack state-sponsored hackers who target America from overseas, such as recent malefactors from Syria and China. However, despite actively legislating in the field of cybersecurity, no act of Congress authorizes or rejects Presidential Policy Directive 20. Because an execution of the directive could cause collateral

Jan
30

A convoluted system regulating arms-related technology exports has frustrated U.S. defense manufacturers for decades. The Obama Administration is implementing sweeping reforms and relaxing export controls to address these concerns. While described as an attempt to bolster national security by aiding the U.S. private sector’s dominance of defense technology markets, these reforms pose a substantial risk

Jan
30

Patent trolls are companies that do not invent or manufacture any products. These companies acquire patents for routine activities, such as scanning documents to email. They then send out thousands of letters to potential infringers, demanding exorbitant fees for a license to engage in the patented activity, and threatening suit if the recipient fails to

Jan
10

This Article explores whether abstract ideas can and should be patentable. Historically, the patent system’s scope has been restricted to protecting tangible products or processes as opposed to abstract ideas. Ongoing advances in information technologies, however, have blurred the boundaries of the traditional doctrine, and many recently issued patents appear to protect abstractions. A recent

Jan
10

Patent cases at the district court level are one of the most complex, time-consuming, and contentious forms of civil litigation. As an alternative to the conventional, two-sided adversarial process, this Article proposes a structural change to the manner of conducting patent litigation in the district courts: the addition of a neutral litigant who, as the

Jan
10

The products of synthetic biology may improve medicine, national security, environmental protection, and the economy, but under-regulated development could catastrophically compromise these endeavors. Considering the dangers exhibited by existing microorganisms and public access to tools of synthetic biology construction, the field’s untested novelty implicates human health and safety. Further, social justice concerns are raised by

Oct
31

The Hatch-Waxman Act allows generic drug manufacturers to market a generic equivalent of a pharmaceutical company’s patented drug prior to the patent’s expiration by bringing Paragraph IV challenges against the patent holder. To encourage generic manufacturers to make these challenges, the Hatch-Waxman Act grants the first generic challenger (“first-filer”) for a particular drug a 180-day

Oct
31

This Article contributes conceptually and empirically towards an innovation-based growth theory for developing countries. The proposed theory adheres to the growing importance given by theoreticians and policy makers alike to re-visiting the neoclassical economics “one size fits all” innovation policy propagated by current international intellectual property instruments. In arguing for an innovation-based growth theory, the

Categories