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.

Permanent Officials in the National Administration of the United States

1927 ◽  
Vol 21 (3) ◽  
pp. 529-536
Author(s):  
Frank O. Lowden
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Government Official ◽  
Business Organization ◽  
Constant Friction ◽  
The Creation ◽  
The Law ◽  
Serious Injury ◽  
The Government

The tendency of all government is toward bureaucracy. The government official is inclined to exaggerate the importance of his office. He is constantly tempted to expand its scope. He is properly jealous of his authority. He looks askance upon the activities of other officials who seem to be trespassing upon his ground. In his construction of the law he is prone to insist upon the letter which killeth but to overlook the spirit which giveth life.I think that this tendency is inevitable. It is inseparable from zeal and pride, and these qualities are essential to successful administration. Where, however, the enterprise is a vast one, as in government, or as in a great business organization, these tendencies, if left uncontrolled, are likely to inflict serious injury upon the service. There will be constant friction among the various subdivisions of the particular department. At times the activities of one will neutralize the activities of the other. A set of arbitrary rules is likely to be evolved which will vex everyone who comes in contact with the particular bureau. The original purpose of the creation of the bureau is finally lost sight of, and it is likely to seem to those who direct it an end and not a means.

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.

Assessing the Current Jurisprudence

2015 ◽  
pp. 304-351
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
United States Supreme ◽  
Student Speech ◽  
School Officials ◽  
Current State ◽  
Other Hand ◽  
Lower Courts ◽  
Insight Into

This chapter assesses the current state of the off-campus student-speech jurisprudence. It discusses the lower courts' application of the United States Supreme Court's student-speech tests to off-campus student speech. The discussion reveals that there is no uniformity in this application. It further reveals that the lower courts do not uniformly embrace school-censorship authority over off-campus speech. While a majority of courts have been willing to extend school-censorship authority beyond the school campus, a few courts remain resistant to this extension. The chapter also presents data on the judicial trends in the off-campus student-speech jurisprudence. This data reveals that most courts use the material and substantial disruption test when reviewing the constitutionality of school censorship of off-campus student speech. On the other hand, no court has applied the Hazelwood test to off-campus speech. The data also shows that most off-campus speech cases involve speech directed at or against school officials rather than students. The ultimate goal of the chapter is to provide insight into the current unsettled off-campus student-speech jurisprudence.

The American Mission Comes to Korea

2019 ◽  
pp. 15-49
Author(s):  
David P. Fields
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
American Missionaries ◽  
American Mission

Chapter 1 examines the importance of American missionaries both to US-Korean relations and to the transmission of the American mission from one society to the other. This chapter describes Rhee’s first encounter with the American mission via American missionaries, how he came to realize the potential of invoking the American mission for his own personal and nationalistic aspirations, and how such invocations were essential to him establishing himself as a leader of exiled Koreans in the United States.

Working With Interpreters to Support Students Who Are English Language Learners

2016 ◽  
Vol 1 (16) ◽  
pp. 15-27 ◽  
Author(s):  
Henriette W. Langdon ◽  
Terry Irvine Saenz
Keyword(s):  
United States ◽  
English Language Learners ◽  
Language Learners ◽  
English Language ◽  
First Language ◽  
The United States ◽  
The Other ◽  
Primary Language ◽  
Second Best ◽  
Support Students

The number of English Language Learners (ELL) is increasing in all regions of the United States. Although the majority (71%) speak Spanish as their first language, the other 29% may speak one of as many as 100 or more different languages. In spite of an increasing number of speech-language pathologists (SLPs) who can provide bilingual services, the likelihood of a match between a given student's primary language and an SLP's is rather minimal. The second best option is to work with a trained language interpreter in the student's language. However, very frequently, this interpreter may be bilingual but not trained to do the job.

Armed Violence in the Ideology of Contemporary Islamic Fundamentalism - Study models

2019 ◽  
Vol 2 (4) ◽  
pp. 237
Author(s):  
Laith Mzahim Khudair Kazem
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Islamic Fundamentalism ◽  
Islamic Movements ◽  
Important Means ◽  
Armed Violence ◽  
Goals And Objectives ◽  
At Home

The armed violence of many radical Islamic movements is one of the most important means to achieve the goals and objectives of these movements. These movements have legitimized and legitimized these violent practices and constructed justification ideologies in order to justify their use for them both at home against governments or against the other Religiously, intellectually and even culturally, or abroad against countries that call them the term "unbelievers", especially the United States of America.

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