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Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...
Persistent link: https://www.econbiz.de/10013070323
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go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires …
Persistent link: https://www.econbiz.de/10013159402
The paper shows that the basis for the formation of the right-terminating legal facts is laid by the understanding of what should be included in the domain of these facts. The authors demonstrate that the target for understanding the nature of rightterminating legal facts is the development form...
Persistent link: https://www.econbiz.de/10012839642
Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of … punishment theories. However, there are problems of justice inherent in his ideas which affront the traditional link between … criminal act chosen and punishment deserved …
Persistent link: https://www.econbiz.de/10012725420
After a cursory glance at the impact of game theoretic analyses on the law, I proceed to an elementary analysis of the plea bargaining process with the tools of game theory. The paper was written in the light of the introduction of plea bargaining in India by an amendment to the Code of Criminal...
Persistent link: https://www.econbiz.de/10012729145
The legal and economic analysis presented here empirically tests the theoretical framework advanced by Kugler, Verdier, and Zenou (2004) and Buscaglia (1997) and moves further by focusing on the identification of the institutional mechanisms that have proven to affect the levels of organized...
Persistent link: https://www.econbiz.de/10012772851
The term show trial surfaces frequently in discussions of the trial of Saddam Hussein, but the term's meaning is not clear. This Article proposes that show trial be defined by the presence of two essential elements: a heightened probability of the defendant's conviction, and a focus on the...
Persistent link: https://www.econbiz.de/10012778244
In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law....
Persistent link: https://www.econbiz.de/10012954165
Competitive video gaming is rapidly gaining mainstream attention. Major U.S. television networks have commenced broadcasting such competitions. The term esports has been assigned to the practice, but it remains to be seen whether lawmakers and regulators agree that the contests are indeed...
Persistent link: https://www.econbiz.de/10012960991