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Antitrust:
Legal and Economic Analysis
This is a three unit course offered and taught jointly in the
law school and the Department of Economics. It surveys several important
areas of current federal antitrust policy, but the economics is
somewhat more sophisticated than that found in the basic law school
antitrust course. Topics covered include federal merger policy,
monopolization, predatory pricing, vertical restrictions and resale
price maintenance, private enforcement, as well as others. Readings
come from both the case law and other literature, and there is a
final exam. Either a basic antitrust or macroeconomics course is
generally a prerequisite. However, students who fail to meet this
prerequisite may seek the consent of one of the instructors.
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Arts
and Entertainment Law
This course examines issues affecting creative artists, financiers,
producers and other participants in the world of theater, print
publishing, motion pictures, television, music, and the fine arts.
Students will study cases involving artistic control, credit and
billing, grant of rights, the rights of privacy and publicity, and
"sound-alike" and "look-alike" performers. Special emphasis is given
to the doctrine of droit moral (the artist's moral right), and the
American courts' treatment of moral right. The course also examines
the balance between First Amendment interests and the individual
rights of creative artists.
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Copyrights
Will survey the law of copyrights, focusing primarily on the
Copyright Act of 1976, Pub. L. 94-553, 90 Stat. 2541. Special emphasis
will be given to the manner in which copyright protections affect
new technologies, such as videotaping, computer hardware and software,
electronic data transfer, and cable television rebroadcast, and
the ability of such legal concepts to keep pace with technological
developments.
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Cyberspace
Law Seminar
This seminar will focus on student research, writing, presentations
and discussion of the wide range of legal and public policy issues
created by the newly-emerging electronic technologies. Students
are encouraged actively to participate in the selection of topics
of personal interest, in consultation with the instructor. Thus,
although there will likely be an emphasis on the new issues involving
the Internet and the World Wide Web (such as privacy, crime, censorship,
and global regulation), the "old" electronic media (radio, television
and cable) and every conceivable electronic device (cellular phones,
gel-positioning satellite receivers, bank ATMs, pagers, virtual
reality) are also open to inquiry. The semester will begin with
two or three sessions of background reading and discussion, during
which students' topics are being selected and formulated. There
will then be nine class sessions (one of two hours, six of three
hours, and two of two hours) during which the results of student
research and writing will be presented and discussed. Additional,
accompanying, class reading assignments will be prepared by each
student in consultation with the instructor. Although there is no
limit on class size, as a courtesy to class members drops will not
be permitted after topics have been selected and presentations scheduled.
There are no prerequisites.
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Federal
Antitrust Policy
This research and writing seminar will permit students to explore
a wide range of topics related to the federal antitrust laws. The
topics will vary from year to year, and will include but not be
limited to cartels and other horizontal restraints of trade, measurement
of market power, exclusionary practices by dominant firms, vertical
restraints, the Robinson-Patman Act, public and private enforcement,
remedies, history of antitrust policy; as well as antitrust enforcement
in particular markets, such as health care, computer technology,
or the learned professions. Each student must develop and write
a paper in consultation with the instructor and present the paper
to the class near the end of the semester. Participants will receive
two academic units for seminar participation, plus two or three
units of academic and writing credit for preparing the paper. No
one unit papers will be accepted. Prerequisites: one law school
or business school antitrust class, or else consent of the instructor.
In addition to Westlaw or Lexis access, which is a must, students
should also have access to the Internet and have an e-mail address.
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Intellectual
Property and the Constitution
This seminar will explore the relationship between intellectual
property law and the U.S. Constitution from both theoretical and
practical perspectives. More specifically, it will examine how intellectual
property rights ranging from patent rights to the right of publicity
interact with constitutional provisions including the Patent Clause,
Supremacy Clause, First Amendment, and Eleventh Amendment. The course
will touch on a variety of timely topics, including recent Supreme
Court decisions diminishing the ability of intellectual property
owners to enforce federal rights against state government entities,
as well as cases attempting to balance trademark anti-dilution rights
against the free speech right to parody trademarked goods and their
producers.
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Law
and Technology
This year-long seminar will explore the existing law and literature
relating to the use and acquisition of genetic information and material
and then draft a comprehensive model statute which could deal with
such appropriate topics as: mandatory disclosure of genetic information;
compelled disclosure of or testing for genetic information; cloning
and other reproductive technologies; the rights of persons produces
with genetic materials, such as parentage and inheritance; and uses
of genetic information and material for such purposes as employment,
education, medical treatment, disability determination, qualification
for marriage and parentage, criminal and civil liability
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Law
of Electronic Media
One-half our GNP and work force are involved in the "information
sector" of our economy (as distinguished from agriculture or manufacturing).
Like the essay exam question, "describe the universe and give two
examples," The Law of Electronic Media could cover almost any aspect
of future life and law in the Information Age. Given the two semester
hour limit, it emphasizes an understanding of the foundations on
which judges and legislators struggle to build law and public policy
for the new age and technologies: principles evolved for the telephone,
radio, television, and cable TV. There are no formal prerequisites
nor program of specialization, and many non-law students enroll.
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Patenting
Complex Technologies
This is an intensive practicum on the patent acquisition process,
bringing together law students and engineering/science graduate
students to explore how patent lawyers interact with their clients
in a high technology setting. After attending a series of technology
tutorials (for the law students) and patent law tutorials (for the
science graduate students), and after completing other preliminary
work (introductory drafting exercises for the law students, preparation
of a hypothetical invention disclosure for the science graduate
students), law students will work in teams on a major exercise that
simulates the patent acquisition process. Based upon a hypothetical
invention disclosure, students will collaborate to search the relevant
technical literature and render a patent ability opinion; prepare
a patent application and conduct a written negotiation with practicing
patent lawyers who have agreed to serve as patent "examiners;"
and finally, prepare a rigorous analysis of the scope of patent
coverage ultimately received and its likely commercial significance.
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Patent
Law
This course covers all aspects of US patent law, including
patent claims, adequacy of disclosure, statutory subject matter,
validity, inequitable conduct, infringement, remedies, and a variety
of other specialized doctrines. The course focuses heavily on recent
pronouncements from the Court of Appeals for the Federal Circuit.
Although the course does deal with advanced technologies to some
extent, no scientific or engineering background is required.
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Trademark
and Unfair Competition Law
This course examines an important branch of intellectual property
law. Trademark law protects words and symbols that identify the
source of goods and services, thus securing commercial identity
and preventing consumer confusion. The course covers the acquisition
and retention of trademark rights, registration, infringement, and
remedies. It examines the application of Sec. 43(a) of the Lanham
Act to protect creative, as well as commercial, products.
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