Rethinking Fairness: The Scope of Assignor Estoppel Doctrine After Minerva

Assignor estoppel, a common-law doc- trine, may prevent the former employee, as the patent assignor, from asserting the patent invalidity defense. The doctrine prevents unfair practices where, after assigning all the patent rights, the assignor claims the invalidity of the assigned patent such that she may exploit the invention without infringement. This article discerns the breadth of assignor estoppel doctrine and its implications after a recent Supreme Court case Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021).

The criminal liability of the medical team considering the recent orientation of the Italian Court of Cassation

This article aims to analyze the thematic of medical team liability considering the recent Italian Supreme Court case-law, highlighting the various problems linked to the identification of the responsibility of each member of the team. The participation of several subjects in the execution of medical treatment makes the question of criminal liability very complex, especially when it comes to inauspicious events, such as injuries or death, occurring during medical treatment. The question concerns the exact identification of the duty of care and vigilance of the medical team and whether this duty is in line with the principle of individual criminal responsibility guaranteed by Article 27 of the Italian Constitution. In this regard, the case-law has elaborated the so-called “principle of reasonable confidence”, according to which the division of labour that belongs to each member should involve a delimitation of his responsibility, limited only to what is within his competence, except in case of the person who organizes, directs, and controls the team. Precisely, based on this principle, the Italian Supreme Court in 2018 reasserted that in the medical team is necessary to identify the role played by each member, thus avoiding resorting to objective responsibility.

Jan Baudouin de Courtenay w carskim więzieniu

The subject of the submitted article was a high-profile court case against the Polish linguist and columnist Jan Baudouin de Courtenay for publishing in 1913 the brochure Natsional’nyi I territorial’nyi priznak v avtonomii. Only few works have been published that fully and thoroughly expose this event from the life of a Polish-Russian scholar. The source material that I collected and developed allowed me to present the lawsuit, the trial and imprisoment of Jan Baudouin de Courtenay from the perspective of his family life (which is a novelty in previous studies). The analyzed research material consisted primarily of private documents of the Baudouin de Courtenay family, most importantly so called „Diary for the family” by Romualda Baudouin de Courtenay (the manuscript is in the Archives of the Polish Academy of Sciences in Warsaw) and letters from Jan Baudouin de Courtenay to other Polish linguists. The source material also allowed me to sketch the socio-cultural background of the era, showing the activity of the St. Petersburg Polonia on the eve of the outbreak of the First War and in its first year.

Court Case of Cow v. Plant

The following is a script from a court proceeding. The case is about whether plant-based milks or cow’s milk is better. There are two speakers; one who will be representing cow’s milk and one who will be representing plant-based milks. The representatives will be making their arguments based on the milk’s nutrition, environmental impact as well as digestibility for those with dairy intolerances. At the end, the jury consider each representative’s argument to determine which milk is better. The judge will take home the better milk to share with her lactose intolerance husband.

Jewish-Christian Identities in Conflict: The Cases of Fr. Daniel Rufeisen and Fr. Elias Friedman

The status of Jewish identity in cases of conversion to another religion is a contentious issue and was brought to the forefront of public attention with the 1962 court case of Oswald Rufeisen, a Jewish convert to Christianity known as Br. Daniel, which led to a shift in the way that the state of Israel defines Jewish identity for the purposes of citizenship. At the same time, however, another test case in conflicting interpretations of Jewish identity after conversion was playing out in Rufeisen’s own monastery, hidden to the public eye. Of the fifteen monks who lived together in the Stella Maris Monastery in Haifa, two were Jewish converts, both of whom converted during the Second World War and later immigrated to Israel. Both outspoken advocates for their own understanding of Jewish identity, Rufeisen and his fellow Carmelite Fr. Elias Friedman expressed interpretations of Jewish-Christian religious identity that are polarized and even antagonistically oppositional at times. This paper argues that the intimately related histories and opposing interpretations of Rufeisen and Friedman parallel the historical contestation between Judaism and Christianity. It investigates their overlapping and yet divergent views, which magnify questions of Jewish identity, Catholic interpretations of Judaism, Zionism, Holocaust narratives, and proselytism.

The Gender of Knowledge in Forensic Drama of Late Imperial China

In late imperial China practitioners of forensic investigation in legal cases were predominantly male. While crime literature frequently features female characters, the question of how this literature represents the gender dimension of forensic knowledge remains unanswered. This paper aims to answer this question with an examination of a number of late imperial era theatrical works that depict how forensic knowledge differed across the male and female divide. It argues court-case literature increasingly valorized male forensic knowledge and its relevance to the state legal system. At the same time, these theatrical pieces signify female forensic knowledge following two literary traditions, namely, the commendation of exemplary women and the condemnation of “wanton women.” Investigating these theatrical works at the interstices between court-case literature, women’s history, and forensic history, this paper suggests that the representations of forensic knowledge in Chinese drama accord with major developments in the history of women and gender in premodern China.

De advocaat in de vroegmoderne stedelijke justitie

Hermanus Noordkerk was a famous barrister in eighteenth-century Amsterdam. After his death multiple necrologies were written in which the general tone was laudatory. This article investigates the reliability of the necrologies by answering the question why Noordkerk became such a famous barrister. What qualities did he have that made him so memorable? It becomes clear that together with his virtuous character Noordkerk was considered to be an inventive lawyer as well as an outstanding pleader and that, by combining these three characteristics, he embodied for contemporaries the ideal barrister. But besides, Noordkerk had another quality: he had the ability to exploit the public interest of a court case for the benefit of his client. Due to the political dynamics within an early modern city this might have been important for Noordkerk’s fame. The case study of Noordkerk thus sheds light on the qualities that a barrister should have in an early modern city.

Urgensi Perceraian Pernikahan Siri di Pengadilan Agama Stabat

This research is titled Urgency of Divorce of Siri Marriage in Stabat Religious Court (Case Study of Stabat Religious Court Case Number 583). The background of this title is the existence of a marriage of siri which is carried out by a man and woman, but when he wants to get a divorce the wife makes a divorce to the Stabat Religious Court. The main problem in this study is what is the urgency or encouragement of the wife to make a divorce suit to her husband in the Stabat Religious Court even though they only do a series of marriages. This research is a type of library research (library research) which is a case study. Data in the form of the decision of the Stabat Religious Court number 583 / Pdt.G / 2019 / PA.Stb, secondary data books relating to the title that supports the research. Data collection techniques documentation, interviews and literature study. Content analysis techniques. Based on the results of the study, it was found that the Stabat Religious Court accepting divorce lawsuits from Siri marriages is to avoid any harm and to gain goodness both legally and philosophically. The urgency of divorce carried out in the Religious Courts is in order to obtain legal certainty of divorce and to facilitate all administrative matters for children born from such marriages. And in essence the divorce suit from the marriage of siri which is granted is to avoid harm and gain benefit. Key wodrs: Perceraian, Nikah, Siri

“The Basic Minimal Skills”

This chapter looks at the impact of segregated housing and schools on the performance of Black children on tests of academic skills, finding them lagging far behind White children. It shows that majority-Black school districts receive significantly less funding for education than majority-White districts. It then discusses in detail the 1973 Supreme Court case of San Antonio School District v. Rodriguez, brought by Demetrio Rodriguez and other Hispanic parents of children in the Edgewood district of San Antonio, Texas, whose schools received less funding than majority-White districts because of state laws that based school funding largely on property taxes. Statistics showed that poor and largely Hispanic and Black districts with low property values could not match the funding of affluent White districts. The Supreme Court ruled 5–4 against this challenge, with Justice Lewis Powell writing for the majority in stating that Texas (and other states) need provide minority students only with “the basic minimal skills” to participate in civic affairs, with a passionate dissent by Justice Thurgood Marshall. The chapter then returns to Detroit, where Black students came in last in the nation in test scores; more than two-thirds could not even grasp fundamental skills in reading and arithmetic. This barrier to advanced education and good jobs stems from the systemic racism that places Black children far behind Whites in school readiness, raising the question: How can Blacks catch up with Whites when they start so far behind?