scholarly journals Fence Posts or Sign Posts: Rethinking Patent Claim Construction

Author(s):  
Mark Lemley

Patent law is bogged down in the minutia of claims construction. Claimconstruction is central to every patent dispute, but it has not providedthe hoped-for certainty or notice to competitors. Quite the contrary:disputes about the importance of inventions and the scope of patents havebeen replaced by labyrinthine wrangling over words written by lawyers. Theflaws of claim construction result largely from the problems attending"peripheral claims," that is, claims that purport to set the outermostboundaries of patent rights. In this paper, we argue that the way for thepatent system to move ahead may be by looking behind, to the practice of"central claiming" that was prevalent before 1870, and which was used inmany countries through the late twentieth century. Rather than relying onthe illusion of peripheral "fence posts," patent law may do better to onceagain look to stability of central "sign posts." We examine the failure ofperipheral claiming, the benefits of central claiming, and several hybridmeasures that might be adopted, either in the process of moving fromfence-posting to sign-posting, or as improvements over the current systemthat still stop short of fully adopting central claiming.

Author(s):  
Natalie Parker

Actor Network Theory (ANT) takes on the position that non-human objects which alter the behavior of people with which they share an environment are actors exerting force into the environment. While ANT has been used in education since the late twentieth century, it has not yet seen utilization in school library environments research. As a result, there remains a significant gap in the way school library environments are studied. This literature review seeks to make a case for the importance of including ANT in school library environments research. By taking a closer look at the design and inclusion of specific objects within the school library environment, we can better equip school library spaces for the needs and wants of the students to which the library belongs.


Author(s):  
Rebecca Inez Saunders

“The Pornographic Paratexts of Pornhub” analyses the evolving paratextual elements of the popular porn site Pornhub and considers how its evolving virtual frames interact with the visual texts it displays—online porn films. Engaging with Gérard Genette's Paratexts, some fundamental aspects of this late-twentieth-century paratextual theory are reconceptualised in this contemporary, sexually explicit digital environment. Pornhub is considered in relation to its maturing paratextual elements. Despite the virtual amorphousness and (para)textual porousness of the digital environment—the relevant relationships between text, epitext, peritext and intertext, though clearly delineated with regard to the printed book, become more blurred in a virtual space of infinite, hyperlinked pages—Pornhub has developed numerous tangible frames and stable paratextual features since its emergence in 2007. Given the rigid political, judicial and media conception of what online porn films constitute, it is important to consider the possibility that monolithically negative definitions of filmic pornography may derive not from the hardcore content itself, but from the way in which the films are framed online. How, then, do the paratexts of Pornhub interact with and affect users' reading of the films displayed? In this chapter, individual films from the site are descriptively analysed in relation both to how these visual pornographic texts are influenced by their paratext and how paratextual theory is complicated and renewed through this application.


Author(s):  
Lou Martin

This concluding chapter examines how the rural-industrial working-class culture that emerged in Hancock County gradually disappeared in the late twentieth century. The ethic of making do traveled well from the farm to the factory town, but it began its decline in the late 1960s and 1970s as buying power increased and industrial workers focused more on vacations or socializing and less on making do. While many people in Hancock County still tend gardens, work on their houses, hunt, and fish, these activities no longer supplement family income the way they did in the 1950s. Moreover, the localism of their culture may have persisted in some ways to the present, but a localized system of negotiation that local manufacturers helped create disappeared along with many of those companies.


Author(s):  
Maud S. Mandel

This concluding chapter summarizes key arguments woven throughout the text. These are that in order to understand fully the way Muslim–Jewish political conversations have evolved in France, we must begin in North Africa in the decade and a half after World War II as France first tried to hold on to and then extricate itself from the region; disagreements over Middle Eastern war and the Israeli–Palestinian struggle cannot in and of themselves explain the evolution of Muslim–Jewish political conversations in France over the last fifty years; and that binary constructions of Muslim–Jewish interaction have worked to erase the more complex social terrain in which Muslims and Jews have interacted in late twentieth-century France.


Author(s):  
Liam Connell

This chapter offers a limited survey of the ways that British regional novelists have engaged in the processes of place-making. It examines novels from England, Scotland, and Wales. In doing so, the chapter gives particular focus to the way that late twentieth-century and contemporary novelists have adapted the techniques of earlier writers in order to attend to the complex intertwining of the local and the global. To that end the chapter shows that while the contemporary regional novel continues to depict the distinguishing features of an ‘area and its people’ it does so by attending to the relations between this local distinctiveness and the wider world. By focusing on the way that these novels function as a form of place-making, this chapter also shows how such novels manage to articulate the region as a negotiation between local distinctiveness and universal homogeneity.


Author(s):  
Alexey A. Khudin

The article contains a study of changes in the attitude to history in the foreign architecture of the twentieth century, in connection with the radical transformation of the perception of categories of time. The peculiarity of the sensation of time in the period of modernity is accompanied by the feeling of being at a particular point of the eternal "now", constant modernity, for which you need to keep up with the actualized state of being "in step with the times". In this state, the memory value is reduced to a minimum. For the "modern man", turning to the past becomes meaningless if there is only a series of obsolete, outdated and irrelevant forms in it It is replaced by the feeling of being in the position of exhaustion, completeness, and impossibility of producing innovations, reaching thelimit in the discovery of the new, which leads to the feeling of the end of history, the exhaustion of art. This leads to the decline of modernism, the emergence of fatigue and satiety in the race for technology and a departure from orientations to newness, which opens the way for a new attitude towards history as a source for inspiration, and its corresponding rediscovery in the late twentieth century, expressed in multiple retrospectives, conservative, traditionalist searches in art and architecture. The study touches upon the problems of postmodernism, as a style that opens a new round of references to history, viewed as a form of neo-traditionalism and eliminating a state of stalemate in a culture that has broken its ties with the past. The article presents various areas of the historical search of postmodern architects differing in their attitudes towards the phenomenon of history, continuity, and inheritance.


What did it mean to be a man in Scotland over the past nine centuries? Scotland, with its stereotypes of the kilted warrior and the industrial ‘hard man’, has long been characterised in masculine terms, but there has been little historical exploration of masculinity in a wider context. This interdisciplinary collection examines a diverse range of the multiple and changing forms of masculinities from the late eleventh to the late twentieth century, exploring the ways in which Scottish society through the ages defined expectations for men and their behaviour. How men reacted to those expectations is examined through sources such as documentary materials, medieval seals, romances, poetry, begging letters, police reports and court records, charity records, oral histories and personal correspondence. Focusing upon the wide range of activities and roles undertaken by men – work, fatherhood and play, violence and war, sex and commerce – the book also illustrates the range of masculinities that affected or were internalised by men. Together, the chapters illustrate some of the ways Scotland’s gender expectations have changed over the centuries and how, more generally, masculinities have informed the path of Scottish history


2009 ◽  
Vol 32 (1) ◽  
pp. 55-76
Author(s):  
Quan Manh Ha

Trey Ellis has emerged as a prominent African American writer of the late-twentieth century, despite the small number of his published works. “The New Black Aesthetic,” an essay that he first published in CaUaloo in 1989, one year after the publication of his first novel, Platitudes, stands as a manifesto that defines and articulates his perspective on the emerging black literary voices and culture of the time, and on “the future of African American artistic expression” in the postmodern era.1 According to Eric Lott, Ellis's novel parodies the literary and cultural conflict between such male experimental writers as lshmael Reed and such female realist writers as Alice Walker.2 Thus, Ellis's primary purpose in writing Platitudes is to redefine how African Americans should be represented in fiction, implying that neither of the dominant approaches can completely articulate late-twentieth-century black experience when practiced in isolation. In its final passages, Platitudes represents a synthesis of the two literary modes or styles, and it embodies quite fully the diversity of black cultural identities at the end of the twentieth century as it extends African American literature beyond racial issues. In this way, the novel exemplifies the literary agenda that Ellis suggests in his theoretical essay.


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