Trade Law

Dana Remus Irwin, Paradise Lost in The Patent Law? Changing Visions of Technology in The Subject Matter Inquiry

60 Fla. L. Rev. 775 (2008) | | | | ABSTRACT :: In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter-the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds […]

Honorable William H. Pryor Jr., The Perspective of a Junior Circuit Judge on Judicial Modesty

60 Fla. L. Rev. 1007 (2008) | | | | TEXT :: I appreciate the invitation to deliver the Dunwody Lecture this year, and I am grateful that this occasion has allowed me to visit, for the first time, one of the premier law schools in this Circuit and our nation. The Levin College of […]

David S. Levine, Secrecy and Unaccountability: Trade Secrets in our Public Infrastructure

59 Fla. L. Rev. 135 (2007) | | | | ABSTRACT :: Trade secrecy-the intellectual property doctrine that allows businesses to keep commercially valuable information secret for a potentially unlimited amount of time- is increasingly intruding in the operation of our public infrastructure, including voting machines, the Internet, and telecommunications. A growing amount of public […]

Jeffrey L. Harrison, Trademark Law and Status Signaling: Tattoos for the Privileged

59 Fla. L. Rev. 195 (2007) | | | | INTRODUCTION :: The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the “functional” quality of […]

Kevin M. Shuler, Is the Endangered Species Act Endangered in the Age of Strict Federalism? A Florida Perspective on the Recent Commerce Clause Challenges to the ESA

57 Fla. L. Rev. 1135 (2005) | | | | INTRODUCTION :: Suppose that a ten-million-dollar development project in Levy County was suddenly stymied by the discovery of a nest of Florida salt marsh voles. Such a delay could endanger a project bringing much-needed jobs to one of Florida’s poorest counties. Despite existing in only […]

Jacqueline Lipton, Information Property: Rights and Responsibilities

56 Fla. L. Rev. 135 (2004) | | | | INTRODUCTION :: Can you own information? If so, what is the theoretical justification for ownership, and precisely what rights does ownership confer? What is the impact of ownership of information and ideas on society and on the public domain? These questions have increasingly absorbed the […]