The Non-Obvious Problem: How the Indeterminate Nonobviousness Standard Produces Excessive Patent Grants Gregory Mandel∗ The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too
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specific inquiry approach to solve the issue. This however, will have a negative impact on landowners raising regulatory takings claims, with the result often falling favorably in
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Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one
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Examine Forensic Testimony Forensic evidence has become more and more important in the court case for proving the guilt or innocence of a criminal defendant. Due to new technology the world of forensics is becoming more and more advanced providing law enforcement with all types of new investigatory tools and ways for the court to prove or disprove guilt. It is essential for law enforcement agencies to have trained forensic personnel with the skills to properly collect the evidence first to
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Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher
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years of employment Billie Rodman was fired from her job for misconduct. Billie Rodman applied for unemployment benefits and was denied due to being fired for misconduct. Billie Rodman has decided to file an appeal on the decision from the district court to revoke her benefits. Due to her personal problems impacting her working abilities Billie Rodman had restrictions placed on her prior to her termination. June of 1986 Billie Rodman received numerous personal phone calls and had visitors at her work
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include a harm-to-self defense. As a qualification standard, the EEOC carried the defense one step further by adding that an individual should not pose a direct threat to the individual or others. In Chevron U.S.A. Inc. v. Echazabal, the Supreme Court resolved a circuit split by determining that the ADA recognizes a harm-to-self defense and upheld the EEOC’s regulation. In Echazabal, Mario Echazabal could only obtain a job at Chevron’s oil refinery after passing a physical examination. The exam
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School Uniforms By Kendall Cole June 2014 AED/200 - CONTEMPORARY ISSUES IN AMERICAN EDUCATION Instructor: Christine Duhamel University of Phoenix Since the late 1990's school uniforms have been worn in mostly urban school districts across America. Initially, they were opposed by stakeholders, especially the students. School uniforms were accused of stripping students of their creative expression. After a while, uniforms were tolerated, it was realized that wearing uniforms helped to create
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identity, without realizing that “[e]ven the most upright analyst is liable to be subconsciously swayed when she [sic] already has a conclusion in mind” (Slate). Ira Flatow, the host of the radio show, Talk of the Nation, and author of the article, "Analysis: Finding Fault With Forensics”, notes Dr. Koehler, a professor at the University of Texas saying, “one of my concerns is the way it's described by analysts in the courtroom, the way the match evidence is described. And right now there seems to be
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lawsuit against the defendant in Superior Court for the County of Monterey in Salinas, California. The defendant claims that the California court has no personal jurisdiction over her, while the plaintiff claims that the state does have jurisdiction over her because she knowingly did business with a California company. ISSUE: What right does a court have to determine the rights of the parties involved in the action In other words, the question of whether a court has personal jurisdiction over a person
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