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The Paradoxes of Network Neutralities (Information Policy)
by Russell A. NewmanAn argument that the movement for network neutrality was of a piece with its neoliberal environment, solidifying the continued existence of a commercially driven internet.Media reform activists rejoiced in 2015 when the FCC codified network neutrality, approving a set of Open Internet rules that prohibitedproviders from favoring some content and applications over others—only to have their hopes dashed two years later when the agency reversed itself. In this book, Russell Newman offers a unique perspective on these events, arguing that the movement for network neutrality was of a piece with its neoliberal environment rather than counter to it; perversely, it served to solidify the continued existence of a commercially dominant internet and even emergent modes of surveillance and platform capitalism. Going beyond the usual policy narrative of open versus closed networks, or public interest versus corporate power, Newman uses network neutrality as a lens through which to examine the ways that neoliberalism renews and reconstitutes itself, the limits of particular forms of activism, and the shaping of future regulatory processes and policies.Newman explores the debate's roots in the 1990s movement for open access, the transition to network neutrality battles in the 2000s, and the terms in which these battles were fought. By 2017, the debate had become unmoored from its own origins, and an emerging struggle against “neoliberal sincerity” points to a need to rethink activism surrounding media policy reform itself.
The Paralegal Professional
by Thomas Goldman Henry CheesemanFor courses in Paralegal Studies. Build a strong foundation in Paralegal Studies Since the publication of the First Edition of The Paralegal Professional, the paralegal profession plays an increasingly more important role in the delivery of legal services. The Paralegal Professional provides students with the conceptual knowledge, analytical skills, and firm understanding of ethical issues they need to succeed as paralegals in today’s legal environment. The book is shaped by insights of real legal professionals with whom paralegals work to offer relevant information for use in the workplace. The text illuminates specific tasks and roles paralegals will play in the workplace to fully prepare them to enter the field. The Fifth Edition builds a foundation of knowledge which students can augment as they work towards a profession in the field of law.
The Paralegal Professional (3rd Edition)
by Thomas F. Goldman Henry R. CheesemanWritten by an award-winning author team, The Paralegal Professional 3e provides a solid foundation in substantive and procedural legal knowledge and analytical skills. Using chapter opening vignettes, ethical perspectives, advice from the field, and chapter exercises, it develops real-world skills needed to be successful in a paralegal career. Substantive law chapters provide an overview of the most common individual legal areas of practice. New video case studies and Paralegals in Practice boxes bring the world of the paralegal closer to the classroom.
The Paralegal's Handbook
by Lesley Cox Anita HaworthA completely updated and revised desk reference for paralegal professionals. Paralegals are the backbone of the legal business. The Paralegal's Handbook is a guide to the responsibilities and tasks a paralegal may be asked to undertake. In this comprehensive guide to the profession, expert authors Anita Haworth and Leslie Cox explain everything paralegals need to know to handle the job with accuracy and confidence. From ethics issues to a detailed analysis of all the tasks encountered in the various legal specialties, The Paralegal's Handbook provides invaluable advice and expertise to paralegal professionals. Haworth and Cox are experienced paralegals and provide explanations and details on the various areas of practice paralegals may choose including Family Law, Probate, Corporate Law, Intellectual Property, Real Estate, and Personal Injury Law. They cover everything from handling everyday tasks to reviewing facsimiles of legal documents. This Second Edition is fully updated and revised, with a new section on eDiscovery.
The Parchman Ordeal: 1965 Natchez Civil Rights Injustice (True Crime)
by Robert Morgan G. Mark LaFrancis Darrell WhiteAn account of the civil rights march that ended in the unlawful incarceration of African American protestors—and the basis for the 2017 documentary. In October 1965, nearly 800 young people attempted to march from their churches in Natchez to protest segregation, discrimination and mistreatment by white leaders and elements of the Ku Klux Klan. As they exited the churches, local authorities forced the would-be marchers onto buses and charged them with &“parading without a permit,&” a local ordinance later ruled unconstitutional. For approximately 150 of these young men and women, this was only the beginning. They were taken to the Mississippi State Penitentiary in Parchman, where prison authorities subjected them to days of abuse, humiliation and punishment under horrific conditions. Most were African Americans in their teens and early twenties. Authors G. Mark LaFrancis, Robert Morgan and Darrell White reveal the injustice of this overlooked dramatic episode in civil rights history. &“White and Galen Mark LaFrancis are in the process of filming a documentary to shed light on the Parchman Ordeal, which, along with other Natchez stories—like the 1967 Ku Klux Klan slaying of Wharlest Jackson—has flown below the nation&’s radar.&”—The Root &“Could help shed more light on the incident and its place in the nation&’s civil rights history.&”—The Natchez Democrat
The Pardon: The Politics of Presidential Mercy
by Jeffrey Toobin&“A splendid narrative about political power and mercy.&” —David Grann, #1 best-selling author of The Wager The power of the presidential pardon has our national attention now more than ever before. In The Pardon, New York Times bestselling author and CNN legal commentator Jeffrey Toobin provides a timely and compelling narrative of the most controversial presidential pardon in American history—Gerald Ford&’s pardon of Richard Nixon, revealing the profound implications for our current political landscape, and how it is already affecting the legacies of both Presidents Biden and Trump.In this deeply reported book, Toobin explores why the Founding Fathers gave the power of pardon to the President and recreates the behind-the-scenes political melodrama during the tumultuous period around Nixon&’s resignation. The story features a rich cast of characters, including Alexander Haig, Nixon&’s last chief of staff, who pushed for the pardon, and a young Justice Department lawyer named Antonin Scalia, who provided the legal justification. Ford&’s shocking decision to pardon Nixon was widely criticized at the time, yet it has since been reevaluated as a healing gesture for a divided country. But Toobin argues that Ford&’s pardon was an unwise gift to an undeserving recipient and an unsettling political precedent. The Pardon explores those that followed: Jimmy Carter&’s amnesty for Vietnam draft resisters, Bill Clinton&’s pardon of Marc Rich, and the extraordinary story of Trump&’s unprecedented pardons at the end of his first term. The Pardon is a must-read for anyone interested in American history, the complex dynamics of power within the highest office in the nation, and the implications of presidential mercy.
The Paris Framework for Climate Change Capacity Building (Routledge Advances in Climate Change Research)
by J. Timmons Roberts Saleemul Huq Mizan R Khan Victoria HoffmeisterThe Paris Framework for Climate Change Capacity Building pioneers a new era of climate change governance, performing the foundational job of clarifying what is meant by the often ad-hoc, one-off, uncoordinated, ineffective and unsustainable practices of the past decade described as 'capacity building' to address climate change. As an alternative, this book presents a framework on how to build effective and sustainable capacity systems to meaningfully tackle this long-term problem. Such a reframing of capacity building itself requires means of implementation. The authors combine their decades-long experiences in climate negotiations, developing climate solutions, climate activism and peer-reviewed research to chart a realistic roadmap for the implementation of this alternative framework for capacity building. As a result, this book convincingly makes the case that universities, as the highest and sustainable seats of learning and research in the developing countries, should be the central hub of capacity building there. This will be a valuable resource for students, researchers and policy-makers in the areas of climate change and environmental studies.
The Parthenon Marbles and International Law
by Catharine TitiThe Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context.The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.
The Partial Constitution
by Cass R. SunsteinAmerican constitutional law is at a crossroads. In a major new interpretation of the Constitution, Cass Sunstein offers a clear account of our present dilemmas and shows where we might go from here. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is also partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations--and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role. In light of this analysis, Sunstein proposes solutions to some of the most hotly disputed issues of our time, including affirmative action, sex discrimination, pornography, "hate speech," and government funding of religious schools and the arts. In an especially striking argument, he claims that the equal protection clause of the Fourteenth Amendment--not the right to privacy--protects a woman's right to choose abortion. Sunstein connects these and other debates to the Constitution's historic commitment to public deliberation among political equalsand in doing so, he reconceives many of our most basic constitutional rights, such as free speech and equality under law. He urges that public deliberation about the meaning of the Constitution in turn be freed from a principle of neutrality based on the status quo. His work points to a historically sound but fundamentally new understanding of the American constitutional process as an exercise in deliberative democracy.
The Participation of Victims in International Criminal Proceedings: An Expressivist Justice Model
by Alessandra CuppiniThis book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.
The Participation of the EU in International Dispute Settlement: Lessons from EU Investment Agreements
by Luca PantaleoThe topic of this book is the participation of the EU in international dispute settlement. It aims toprovide the reader with an appraisal of the most problematic aspects connected with the participationof a sui generis legal subject such as the EU to international dispute settlement mechanismsin a State-centric international law.In particular, the publication dwells on the question of how to make possible an effective participationin disputes while at the same time preserving the specific characteristics (i.e. the autonomy) ofthe EU legal order. It does so by outlining different models and proposing the internalization modeladopted under EU investment agreements as a possible paradigm.It is aimed at academics, practitioners and graduate students as well as EU officials and judges whoshould find the issues discussed both useful and of interest for staying up-to-date on the scholarlydiscussion and of their relevance to case law.Luca Pantaleo is a Lecturer in International and European Law at The Hague University ofApplied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at theUniversity of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Instituteand Postdoctoral researcher at the University of Luxembourg.
The Partisan: The Life of William Rehnquist
by John JenkinsThe first full biography of William RehnquistOCo the iconoclastic, influential chief justice who shaped the current court and moved it decisively to the right
The Partner
by John GrishamThey watched Danilo Silva for days before they finally grabbed him. He was living alone, a quiet life on a shady street in Brazil; a simple life in a modest home, certainly not one of luxury. Certainly no evidence of the fortune they thought he had stolen. He was much thinner and his face had been altered. He spoke a different language, and spoke it very well. But Danilo had a past with many chapters. Four years earlier he had been Patrick Lanigan, a young partner in a prominent Biloxi law firm. He had a pretty wife, a new daughter, and a bright future. Then one cold winter night Patrick was trapped in a burning car and died a horrible death. When he was buried his casket held nothing more than his ashes. From a short distance away, Patrick watched his own burial. Then he fled. Six weeks later, a fortune was stolen from his ex-law firm's offshore account. And Patrick fled some more. But they found him.(P)1997 Random House, LLC
The Partner Track: A Novel
by Helen WanAn “engaging and suspenseful” novel of a first-generation Chinese American having second thoughts about her elite Manhattan law firm (The Wall Street Journal).Ingrid Yung’s life is full of firsts. A first-generation Chinese American, the first lawyer in her family, she’s about to collect the holy grail of firsts and become the first minority woman to make partner at the venerable old Wall Street law firm Parsons Valentine & Hunt.Ingrid has perfected the art of “passing” and seamlessly blends into the old-boy corporate culture. She gamely banters in the cafeteria, plays in the firm softball league, and earnestly racks up her billable hours. But when an offensive incident at the summer outing threatens the firm’s reputation, Ingrid’s outsider status is suddenly thrown into sharp relief.Scrambling to do damage control, Parsons Valentine announces a new diversity and inclusion initiative, commanding Ingrid to spearhead the effort—just as she’s about to close an enormous transaction that was to be her final step in securing partnership.For the first time, Ingrid begins to question her place in the firm. Pitted against her colleagues, including her golden-boy boyfriend, Ingrid wonders whether the prestige of partnership is worth breaching her ethics. But can she risk throwing away the American dream that’s finally within her reach?“Thought-provoking . . . [a] compelling tale.” —Booklist“Funny, fragile, sometimes bold, often unsure, Ingrid Yung is one of those unforgettable heroines that you actually miss, like a dear friend, when the story’s over.’“—Ann Leary, New York Times–bestselling author of The Foundling“Intriguing and entertaining.” —Library Journal
The Partner: A Novel (Pearson English Graded Readers Ser.)
by John Grisham#1 NEW YORK TIMES BESTSELLER • Once he was a well-liked, well-paid young partner in a thriving Mississippi law firm. Then he stole ninety million dollars from his own firm—and ran for his life.&“One terrific book—smart, fast, stingingly satiric, and almost criminally entertaining.&”—Entertainment WeeklyFor four years Patrick Lanigan evaded men who were rich and powerful, and who would stop at nothing to find him. Then, inevitably, on the edge of the Brazilian jungle, they finally tracked him down.Now Patrick is coming home. And in the Mississippi city where it all began, an extraordinary trial is about to begin. As prosecutors circle like sharks, as Patrick&’s lawyer prepares his defense, as Patrick&’s lover prays for his deliverance and his former partners wait for their revenge, another story is about to emerge. Because Patrick Lanigan, the most reviled white-collar criminal of his time, knows something that no one else in the world knows. He knows the truth.
The Passions of Law (Critical America #67)
by Susan BandesThe Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think. Learn more about Susan Bandes
The Passivity of Law
by Luigi CorriasAt the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe's constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as "chiastic theory," which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court's role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
The Past, Present and Future of Comparative Law - Le passé, le présent et le futur du droit comparé: Ceremony of 15 May 2017 in Honour of 5 Great Comparatists - Cérémonie du 15 mai 2017 en l'honneur de 5 grands comparatistes (Ius Comparatum - Global Studies in Comparative Law #29)
by Katharina Boele-Woelki Diego P. Fernàndez ArroyoThis book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Kötz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law.Ce livre est publié par l'Académie internationale de droit comparé en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des États-Unis, Hein Kötz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs réflexions sur le passé, le présent et le futur du droit comparé et, ce faisant, se concentrent particulièrement sur l'avenir de l'Académie internationale de droit comparé, la méthodologie ainsi que l'enseignement du droit comparé. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s’intéressent aux contributions au droit comparé de ces juristes respectés, la manière dont ils diffèrent et quand et pourquoi ils ont excellé. De plus, les points de vue présentés suggèrent comment le rôle de l'Académie peut être développé pour faire face aux défis actuels du droit comparé.
The Past, Present and Future of Sustainable Management: From the Conservation Movement to Climate Change
by Stephen Cummings Todd BridgmanWe might think sustainable management is a new idea, created in the 1960s by enlightened modern scientists. We might think that it puts us on a new path, beyond what management was originally about. But this is not true. Sustainable management is as old as civilization and was a foundation stone of management science as it was formed in the first decade of the 20th century. Recovering this forgotten past provides deeper roots and greater traction to advance sustainable management in our own times.This book charts a history of sustainable management from premodern times, through the birth of management science as an offshoot of the conservation movement, to the present day. The authors argue that modern tools like Triple Bottom Line reporting and multiple Sustainable Development Goals may be less useful than a return to a more fundamental and holistic view of management.
The Past, Present, and Future of Canadian Cities: Where the Law Went Wrong and How We Can Fix It (McGill-Queen's Studies in Urban Governance #19)
by Alexandra Flynn, Richard Albert, and Nathalie Des RosiersIn 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
The Pastor as Moral Guide
by Rebekah L. MilesAdultery, divorce, racism, teen pregnancy, white-collar crime, living wills-these are among the many complex moral issues that Christians face and for which they often seek guidance from their pastors. This book is designed to assist pastors in developing their skills in providing moral guidance to their parishioners in a culture characterized by both ethical confusion and increasingly complex moral choices. Rebekah Miles, a gifted thinker and writer, guides the reader through the landscape of the moral life and offers a simple but profound map of the moral terrain along with practical tools to enable pastoral caregivers to serve more effectively as moral guides.
The Patent Crisis and How the Courts Can Solve It
by Dan L. Burk Mark A. LemleyPatent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution--courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
The Patent Guide: How You Can Protect and Profit from Patents (Second Edition) (Allworth Intellectual Property Made Easy)
by Carl W. Battle Andrea D. Small"Recommended." —Library Journal Coming up with a million-dollar idea is only the first step in what might seem like a long and difficult process. In The Patent Guide, Second Edition, experienced patent attorneys Carl W. Battle and Andrea D. Small deliver basic and comprehensive advice that is easy to understand and will allow you to protect, promote, and profit from your ideas. Chapters discuss such topics as: How to commercialize your invention Where to find sources of information and assistance What guidelines you should follow when obtaining a patent How to obtain foreign patent rights How to maintain confidentiality of your ideas When to use patent attorneys and agents How to deal with invention brokers and promotion firms How to enforce your patent against infringement Fully updated and revised, this new edition includes information on inventor notebooks and records, updates to the patent filing process in the United States and abroad, the latest USPTO forms and templates, and changes to electronic filing and submission procedures. With easy-to-use forms and step-by-step instructions, The Patent Guide is an indispensable tool to help minimize costs and maximize profits of your ideas and inventions.
The Patentability of Software: Software as Mathematics (Routledge Research in Intellectual Property)
by Anton HughesThis book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics’, and therefore software’s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.
The Patentability of Synthetic Biology Inventions: New Technology, Same Patentability Issues?
by Ilaria de LisaThis book addresses Synthetic Biology (SynBio), a new and promising biotechnology that has attracted much interest from both a scientific and a policy perspective. Yet, questions concerning the patentability of SynBio inventions have not been examined in detail so far; as a result, it remains unclear whether these inventions are patentable on the basis of current norms and case law. The book addresses this question, focusing especially on the subject matter’s eligibility and moral criteria. It provides an overview of the legislation and decisions applicable to SynBio patents and examines this new technology in view of the ongoing debate over the patentability of biotechnologies in general. The legal analysis is complemented by the practical examination of several patent applications submitted to the European and US patent offices (EPO and USPTO), and by an assessment of the patent issues that are likely to be raised by future SynBio developments.