Download or read book Epstein on Intellectual Property written by Michael A. Epstein and published by Wolters Kluwer. This book was released on 2006-01-01 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein. Epstein on Intellectual Property, Fifth Edition covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. You will consult this reference for expert answers to questions such as how to: Prevent the unauthorized use and disclosure of your company's trade secrets Determine what types of materials and information are covered by the copyright laws Apply for and enforce patents Reduce the risk of claims under the andquot;law of ideasandquot; Make effective use of noncompetition agreements Deal with the unique problems of biotechnology

Download or read book Epstein s Insights about Private Law and History for Intellectual Property and Trade of Today and Tomorrow written by F. Scott Kieff and published by . This book was released on 2019 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Epstein's work on private law emphasizes themes that have survived since Ancient Roman Law. This paper highlights two practical benefits that those themes can offer some flashpoints in modern debates about the interface between intellectual property (IP) and trade. Arguments grounded in private law may avoid the open-textured public policy debates between concern over too much or too little protection for both IP and trade law while largely addressing the major stated concerns raised by both sides. They also can avoid many arcane doctrines within both IP and trade law. Private law's attention to business norms helped the Grokster case explore a modern on-line services' liability for indirect IP infringement. Private law's common law approach to agency can similarly help address joint liability for IP infringement around modern on-line services after Limelight. Private law also may help address business opportunism around trade in electronic transmissions and set top boxes.

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Download or read book Torpedo written by Katherine C. Epstein and published by Harvard University Press. This book was released on 2014-01-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: When President Eisenhower referred to the “military–industrial complex” in his 1961 Farewell Address, he summed up in a phrase the merger of government and industry that dominated the Cold War United States. In this bold reappraisal, Katherine Epstein uncovers the origins of the military–industrial complex in the decades preceding World War I, as the United States and Great Britain struggled to perfect a crucial new weapon: the self-propelled torpedo. Torpedoes epitomized the intersection of geopolitics, globalization, and industrialization at the turn of the twentieth century. They threatened to revolutionize naval warfare by upending the delicate balance among the world’s naval powers. They were bought and sold in a global marketplace, and they were cutting-edge industrial technologies. Building them, however, required substantial capital investments and close collaboration among scientists, engineers, businessmen, and naval officers. To address these formidable challenges, the U.S. and British navies created a new procurement paradigm: instead of buying finished armaments from the private sector or developing them from scratch at public expense, they began to invest in private-sector research and development. The inventions emerging from torpedo R&D sparked legal battles over intellectual property rights that reshaped national security law. Blending military, legal, and business history with the history of science and technology, Torpedo recasts the role of naval power in the run-up to World War I and exposes how national security can clash with property rights in the modern era.

Download or read book Entertainment Law written by Adam Epstein and published by Prentice Hall. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing a historical perspective in the music, radio, television, and motion picture industries, this book contains interrelated chapters that clearly and concisely expose readers to various legal issues among the segments of the entertainment industry. It shows that an appreciation of the extremely creative individuals that comprise the industry will be helpful if you choose entertainment law as a career. After a short overview of the American legal system, this book covers agents and managers, entertainment contracts, constitutional issues, administrative regulation, antitrust regulation, intellectual property issues, live performance issues, music and music publishing issues, and legal issues in television and motion pictures. An excellent reference and informational book for anyone involved in sports and/or entertainment law, including paralegals, legal assistants, and talent managers.

Download or read book Governance of Intellectual Resources and Disintegration of Intellectual Property in the Digital Age written by Peter S. Menell and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that “virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system . . . .” Epstein purports to validate what he calls the “carryover hypothesis”: that principles governing tangible property “do, and should, influence the growth of intellectual property law,” and that apart from durational limits on patents and copyrights, there are essentially no significant departures from the private property mold needed to optimize intellectual property. This article responds to Epstein's premises, framework, and analysis and provides a broader and richer analytical framework for promoting innovation and creativity in the digital age. In so doing, it demonstrates that intellectual property does not and should not resemble Professor Epstein's idealized classical liberal cathedral. To the contrary, “disintegration” characterizes the intellectual property landscape and hewing to a classical liberal private property paradigm overlooks valuable prescriptions for the evolution of the intellectual property field. While the institution of private property that has developed for tangible resources provides valuable insights into how to encourage efficient economic development, it is not a panacea for all resources, contexts, and societies. Careful consideration of the characteristics of intellectual resources, comparative institutional analysis, and empirical research provide the keys to promoting innovation and creativity.

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

Download or read book Skepticism and Freedom written by Richard A. Epstein and published by University of Chicago Press. This book was released on 2003-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.

Download or read book The Attorney client Privilege and the Work product Doctrine written by Edna Selan Epstein and published by American Bar Association. This book was released on 2007 with total page 1532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Download or read book Overdose written by Richard Allen Epstein and published by Yale University Press. This book was released on 2006-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to offer a comprehensive examination of the pharmaceutical industry by following the tortuous course of a new drug as it progresses from early development to final delivery. Richard A. Epstein looks closely at the regulatory framework that surrounds all aspects of making pharmaceutical products today, and he assesses which current legal and regulatory practices make sense and which have gone awry. While critics of pharmaceutical companies call for ever more stringent controls on virtually every aspect of drug development and approval, Epstein cautions that the effect of such an approach will be to stifle pharmaceutical innovation and slow the delivery of beneficial treatments to the patients who need them. The author considers an array of challenges that confront the industry--conflicts of interest among government, academe, and the drug companies; intellectual property rights that govern patents; FDA regulation; pricing disputes; marketing practices; and liability issues, including those brought to light in the recent VIOXX case. Epstein argues that to ensure the continuing creativity, efficiency, and success of the pharmaceutical industry, the best system will feature strong property rights and clearly enforceable contracts, with minimal regulatory and judicial interference.

Download or read book Modern Intellectual Property written by Michael A. Epstein and published by . This book was released on 1989 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Supreme Neglect written by Richard A. Epstein and published by Oxford University Press. This book was released on 2008-03-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

Download or read book Modern Intellectual Property written by Michael A. Epstein and published by . This book was released on 1995 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Speaking of Slavery written by Steven A. Epstein and published by Cornell University Press. This book was released on 2018-05-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this highly original work, Steven A. Epstein shows that the ways Italians employ words and think about race and labor are profoundly affected by the language used in medieval Italy to sustain a system of slavery. The author's findings about the surprising persistence of the "language of slavery" demonstrate the difficulty of escaping the legacy of a shameful past. For Epstein, language is crucial to understanding slavery, for it preserves the hidden conditions of that institution. He begins his book by discussing the words used to conduct and describe slavery in Italy, from pertinent definitions given in early dictionaries, to the naming of slaves by their masters, to the ways in which bondage has been depicted by Italian writers from Dante to Primo Levi and Antonio Gramsci. Epstein then probes Italian legal history, tracing the evolution of contracts for buying, selling, renting, and freeing people. Next he considers the behaviors of slaves and slave owners as a means of exploring how concepts of liberty and morality changed over time. He concludes by analyzing the language of the market, where medieval Italians used words to fix the prices of people they bought and sold. The first history of slavery in Italy ever published, Epstein's work has important implications for other societies, particularly America's. "For too long," Epstein notes, "Americans have studied their own slavery as it if were the only one ever to have existed, as if it were the archetype of all others." His book allows citizens of the United States and other former slave-holding nations a richer understanding of their past and present.

Download or read book Mortal Peril written by Richard Epstein and published by Basic Books. This book was released on 2000-06-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans assume that universal access to health care is a desirable and humane political goal. Not so, says distinguished legal scholar Richard Epstein. In this seminal work, he explodes the unspoken assumption that a government-administered, universal health-care system would be a boon to America. Basing his argument in our common law traditions that limit the collective responsibility for an individual's welfare, he provides a political and economic analysis which suggests that unregulated provision of health care will, in the long run, guarantee greater access to quality medical care for more people. He also authoritatively documents the ways in which government regulation has actually reduced the availability of organs for vitally needed transplants, and has interfered with a sensible policy toward euthanasia.

Download or read book The Trauma of Everyday Life written by Dr. Epstein and published by Hay House, Inc. This book was released on 2014-07-07 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trauma does not just happen to a few unlucky people; it is the bedrock of our psychology. Death and illness touch us all, but even the everyday sufferings of loneliness and fear are traumatic. In The Trauma of Everyday Life renowned psychiatrist and author of Thoughts Without a Thinker Mark Epstein uncovers the transformational potential of trauma, revealing how it can be used for the mind's own development. Epstein finds throughout that trauma, if it doesn't destroy us, wakes us up to both our minds' own capacity and to the suffering of others. It makes us more human, caring and wise. It can be our greatest teacher, our freedom itself, and it is available to all of us. Western psychology teaches that if we understand the cause of trauma, we might move past it while many drawn to Eastern practices see meditation as a means of rising above, or distancing themselves from, their most difficult emotions. Both, Epstein argues, fail to recognize that trauma is an indivisible part of life and can be used as a tool for growth and an ever deeper understanding of change. When we regard trauma with this perspective, understanding that suffering is universal and without logic, our pain connects us to the world on a more fundamental level. Guided by the Buddha's life as a profound example of the power of trauma, Epstein's also closely examines his own experience and that of his psychiatric patients to help us all understand that the way out of pain is through it.

Download or read book Birth of the State written by Charlotte Epstein and published by Oxford University Press, USA. This book was released on 2020-12-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other since their original crafting in the seventeenth century. Considering multiple sites of theory and practice, Charlotte Epstein analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed.