The Current State of the Law in the United States and the Separationist Agenda

1979 ◽  
Vol 446 (1) ◽  
pp. 1-9 ◽  
Author(s):  
Leo Pfeffer
Keyword(s):  
United States ◽  
The United States ◽  
Current State ◽  
The Law

scholarly journals Chapter 1: Reasonable Royalties

2018 ◽  
Author(s):  
Thomas F. Cotter ◽  
John M. Golden ◽  
Oskar Liivak ◽  
Brian J. Love ◽  
Norman Siebrasse ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Patent Infringement ◽  
The Other ◽  
Bottom Up ◽  
Current State ◽  
Incremental Value ◽  
Normative Basis ◽  
The Law

This chapter:(1) describes the current state of, and normative basis for, the law of reasonable royalties among the leading jurisdictions for patent infringement litigation, as well as the principal arguments for and against various practices relating to the calculation of reasonable royalties; and(2) for each of the major issues discussed, provides one or more recommendations.The chapter’s principal recommendation is that, when applying a “bottom-up” approach to estimating reasonable royalties, courts should replace the Georgia-Pacific factors (and analogous factors used outside the United States) with a smaller list of considerations, specifically:(1) calculating the incremental value of the invention and dividing it appropriately between the parties;(2) assessing market evidence, such as comparable licenses; and (3) where feasible and cost-justified, using each of these first two considerations as a “check” on the accuracy of the other.

The Enduring Controversy: Developments in Affirmative Action Law in North America

1996 ◽  
Vol 1 (3) ◽  
pp. 233-260 ◽  
Author(s):  
Christine Bell ◽  
Angela Hegarty ◽  
Stephen Livingstone
Keyword(s):  
United States ◽  
Affirmative Action ◽  
Civil Rights ◽  
The United States ◽  
Current State ◽  
Recent Developments ◽  
The Law ◽  
Primary Focus ◽  
Action Measures ◽  
Human Resources Strategies

This article seeks to examine the current state of the law on affirmative action in the United States and Canada. Drawing upon developments at both a statutory and constitutional level it considers to what extent the law permits or requires measures to alter the composition of institutions to make them more representative in terms of race or gender. Its primary focus is on employment. It argues that constitutional provisions and judicial interpretation in Canada has been more sympathetic to affirmative action measures, especially in the past decade. After surveying the early development of affirmative action law in the United States it focuses on recent developments, notably the Civil Rights Act of 1991 and recent Supreme Court decisions such as the Adarand v Pena case, to examine the extent to which the scope for affirmative action measures has been reduced. In Canada the article considers both Charter equality jurisprudence and statutory developments such as the Employment Equity Act of 1986. The article concludes by observing that the position remains complex but that there is scope for affirmative action measures in both jurisdictions, perhaps more so in Canada where such measures do not require a backward looking, compensatory rationale. It also suggests that such measures may now have become well established in the human resources strategies of large corporations in both jurisdictions, rendering their disappearance unlikely.

Contraception and Abortion in the United States

2021 ◽  
pp. 62-76
Author(s):  
David A. Strauss
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
Controversial Issues ◽  
Future Developments ◽  
Current State ◽  
History Of ◽  
The Law ◽  
The Right

This chapter provides the legal background for the issues discussed in subsequent chapters. The author discusses how US constitutional law treats the right to abortion and contraception. He describes the history of the law regulating abortion, the current state of the law, and what the most controversial issues have been. He describes some roads not taken and speculates about future developments. Finally, the author addresses the practical effects of these legal developments on the availability of abortion.

scholarly journals Ice-Breaking Fleets of the United States and Canada: Assessing the Current State of Affairs and Future Plans

2021 ◽  
Vol 13 (2) ◽  
pp. 703
Author(s):  
Megan Drewniak ◽  
Dimitrios Dalaklis ◽  
Anastasia Christodoulou ◽  
Rebecca Sheehan
Keyword(s):  
United States ◽  
The United States ◽  
Maritime Transportation ◽  
The Arctic ◽  
Polar Ice ◽  
Northwest Passage ◽  
Ice Cap ◽  
Ice Coverage ◽  
Current State ◽  
State Of Affairs

In recent years, a continuous decline of ice-coverage in the Arctic has been recorded, but these high latitudes are still dominated by earth’s polar ice cap. Therefore, safe and sustainable shipping operations in this still frozen region have as a precondition the availability of ice-breaking support. The analysis in hand provides an assessment of the United States’ and Canada’s polar ice-breaking program with the purpose of examining to what extent these countries’ relevant resources are able to meet the facilitated growth of industrial interests in the High North. This assessment will specifically focus on the maritime transportation sector along the Northwest Passage and consists of four main sections. The first provides a very brief description of the main Arctic passages. The second section specifically explores the current situation of the Northwest Passage, including the relevant navigational challenges, lack of infrastructure, available routes that may be used for transit, potential choke points, and current state of vessel activity along these routes. The third one examines the economic viability of the Northwest Passage compared to that of the Panama Canal; the fourth and final section is investigating the current and future capabilities of the United States’ and Canada’s ice-breaking fleet. Unfortunately, both countries were found to be lacking the necessary assets with ice-breaking capabilities and will need to accelerate their efforts in order to effectively respond to the growing needs of the Arctic. The total number of available ice-breaking assets is impacting negatively the level of support by the marine transportation system of both the United States and Canada; these two countries are facing the possibility to be unable to effectively meet the expected future needs because of the lengthy acquisition and production process required for new ice-breaking fleets.

Biosurveillance: A Modern Look

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
James Lee Brooks
Keyword(s):  
United States ◽  
Homeland Security ◽  
The United States ◽  
First Century ◽  
Direct Result ◽  
Current State ◽  
Twenty First Century ◽  
Security Operations

AbstractThe early part of the twenty-first century saw a revolution in the field of Homeland Security. The 9/11 attacks, shortly followed thereafter by the Anthrax Attacks, served as a wakeup call to the United States and showed the inadequacy of the current state of the nation’s Homeland Security operations. Biodefense, and as a direct result Biosurveillance, changed dramatically after these tragedies, planting the seeds of fear in the minds of Americans. They were shown that not only could the United States be attacked at any time, but the weapon could be an invisible disease-causing agent.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

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