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Abstract:
One of the most hotly contested issues in the field of intellectual property law concerns the existence, or non-existence, of patent thickets and the extent to which any such bottlenecks may be interfering with research. For decades, scholars warned that problems related to the over proliferation of patent rights would interfere with innovation. In contrast, a growing body of commentary argues that patent thickets are not a problem in modern industries. Either patent thickets do not exist, or if they do, patent thickets do not interfere with the progress of research.

The rhetoric is particularly heated these days because of dramatic changes underway in patent law. Research bottlenecks, or lack thereof, are invoked either in support of or in opposition to such changes, and it is difficult to have a rational discussion when so much seems to be at stake. Stepping back from the rhetoric a bit, this piece suggests that one can sometimes indirectly observe effects, even if one cannot directly measure the extent of a phenomenon. With this in mind, the piece describes three approaches appearing in modern patent markets that are directed at mitigating the effects of patent thickets. These approaches can be described as Open Source, Open Access, and Open Transfer. From our vantage point, we may not be able to see or to measure the depth of the thicket. We can, however, observe the altered growth patterns that give us some indication of where the problems lie.

patent, patent thicket, research, bottleneck, open source, biomedical, biotechnology, biotech, medical, antitrust

Abstract:
The Fourth Amendment protects Americans within the borders of the United States, but its applicability outside American territory is less clear. I maintain that Fourth Amendment protections should cover wiretap evidence seized abroad, not just that gathered domestically. These protections should apply whenever a prosecutor seeks to admit such evidence in criminal prosecutions in the United States. Such protections are fundamental whenever the government acts to gather or use evidence, whether that evidence was obtained outside the territorial jurisdiction of the United States or not. The practical application of these protections for evidence gathered abroad presents problems, however. For example, can the U.S. exercise any control over the methods used to gather evidence by foreign police agencies? Does the exclusionary rule, meant to inculcate a respect for the Fourth Amendment in domestic officials, have any positive role to play in impacting the behavior of non-U.S. agents? Should we judge admissibility based on another countries laws or should we insist our laws should apply abroad as well? Does it matter if the U.S. initiated the wiretap, or if the foreign country provided the information without direction from the United States? All of these are potentially difficult questions in the context of evidence gathered abroad for use in this country.

wiretaps, constitution, bill of rights, fourth amendment, international

Abstract:
Paratext is the liminal matter that forms the bridge between the context of a text and the text itself. It can be the prologue written by the author or the printer or the epilogue that neatly wraps everything up or throws us for a loop. It can be the table of contents, the index, or the chapter titles. It can be marginal notes written by the reader before us. It can even be the book review published in the local newspaper.

What happens when we examine the paratext of two very different kinds of works: (1) a teaching edition of Spanish-language short stories and (2) prologues written by William Caxton, early English printer of works such as Le Morte Dearthur and the Canterbury Tales?

The goal is both to explore the works of Caxton, especially, and also to remind readers of the importance of everything else surrounding what we generally consider the core text.

textual studies, Caxton, paratext, critical theory, printing