The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L. 106–113 ) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart "cybersquatters" who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party. Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech, while others dispute these complaints. Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants. The FTDA was enacted in 1995 in part with the intent to curb domain name abuses. The legislative history of the FTDA specifically mentions that trademark dilution in domain names was a matter of Congressional concern motivating the Act. Senator Leahy stated that "it is my hope that this anti-dilution statute can help stem the use of deceptive Internet addresses taken by those who are choosing marks that are associated with the products and reputations of others".
Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent-ineligible subject matter for a number of new technologies including computers and software. The first computer software case in the Supreme Court was Gottschalk v. Benson in 1972. Since then, the Supreme Court has decided about a half dozen cases touching on the patent eligibility of software-related inventions.
Mary Margaret McKeown is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit based in San Diego. McKeown has served on the Ninth Circuit since her confirmation in 1998.
Jon Ormond Newman is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
Diane Pamela Wood is an American attorney who serves as the director of the American Law Institute and a senior lecturer at the University of Chicago Law School. She previously served as a circuit judge on the United States Court of Appeals for the Seventh Circuit.
Lotus Dev. Corp. v. Borland Int'l, Inc., 516 U.S. 233 (1996), is a United States Supreme Court case that tested the extent of software copyright. The lower court had held that copyright does not extend to the user interface of a computer program, such as the text and layout of menus. Due to the recusal of one justice, the Supreme Court decided the case with an eight-member bench split evenly, leaving the lower court's decision affirmed but setting no national precedent.
KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), is a decision by the Supreme Court of the United States concerning the issue of obviousness as applied to patent claims.
The Administrative Law Review was established in 1948 and is the official law journal of the American Bar Association Section of Administrative Law & Regulatory Practice.
Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant (party) to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding, a process known as discovery. The full name of Section 1782 is "Assistance to foreign and international tribunals and to litigants before such tribunals".
Stephanos Bibas is an American lawyer and jurist who serves as a circuit judge on the U.S. Court of Appeals for the Third Circuit. Before his appointment to the bench, Bibas was a professor of law and criminology at the University of Pennsylvania Law School, where he also served as director of its Supreme Court clinic.
The Columbia Journal of Transnational Law is a law review edited and published by students at Columbia Law School. One of the oldest student-run international law journals in the United States, it publishes scholarly articles and student notes on issues of transnational law.
Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), was a 2014 United States Supreme Court decision about patent eligibility of business method patents. The issue in the case was whether certain patent claims for a computer-implemented, electronic escrow service covered abstract ideas, which would make the claims ineligible for patent protection. The patents were held to be invalid, because the claims were drawn to an abstract idea, and implementing those claims on a computer was not enough to transform that abstract idea into patentable subject matter.
Illinois v. Hemi Group, LLC, 622 F.3d 754, was a personal jurisdiction case in which the United States Court of Appeals for the Seventh Circuit affirmed the United States District Court for the Central District of Illinois' ruling finding personal jurisdiction based on Internet transactions. In the initial filing, the state of Illinois sued Hemi Group LLC (Hemi) for selling cigarettes to Illinois residents over the Internet in violation of state law and for failing to report those sales in violation of federal law. Hemi moved to dismiss the suit for lack of personal jurisdiction, but the district court found that the Internet transactions provided a basis for Hemi to be sued in Illinois.
Veeck v. Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791, was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. A three-fifths majority of the court's fifteen judges held that copyright protection no longer applied to model codes once they were enacted into law.
The Columbia Journal of Environmental Law is a student-run law review published at Columbia University's School of Law. The journal primarily publishes articles, notes, and book reviews discussing environmental law and policy and related subjects.
Wolf v. Vidal, 591 U.S. ___ (2020), was a case that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.
Jam v. International Finance Corp., 586 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. The Supreme Court ruled that international organizations, such as the World Bank Group's financing arm, the International Finance Corporation, can be sued in US federal courts for conduct arising from their commercial activities. It specifically held that international organizations shared the same sovereign immunity as foreign governments. This was a reversal from existing jurisprudence, which held that international organizations had near-absolute immunity from lawsuits under the Foreign Sovereign Immunities Act and the International Organizations Immunities Act.
Agency for International Development v. Alliance for Open Society International, Inc., 591 U.S. ___ (2020), also known as AOSI II, was a United States Supreme Court case in which the Court held that compelled speech required as a condition for funding on foreign non-governmental affiliates of U.S. non-government organizations does not violate First Amendment rights.
Victor Eugene Bianchini is a retired State of California Superior Court Judge and a retired, U.S. magistrate judge, with service in the Southern District of California, the Central District of California, the Western District of New York, the Northern District of New York, and the Eastern District of Washington. Bianchini served as a judge, for both the state and federal courts continuously for over 48 years, during which period he was honored numerous times. Bianchini now practices as a full-time private neutral mediator and arbitrator. Bianchini is a decorated United States Marine Corps colonel with 31 years of service, active and reserve. Bianchini is also an American sabre fencer and is a two-time World Team champion and a World Team silver and bronze medalist, a former 2012 individual U.S. National Champion, most recently won the Sabre individual National Championships for 2021 and 2022, and is a four-time North American Cup champion in Veteran competition. He has qualified for nine Veterans World Championships, and has finished sixth, seventh, and tenth twice, in individual competition. He was also a bronze medalist in the 2013 Maccabiah Games in Jerusalem in the 40's age division, and a bronze and silver medalist in the 2022 Maccabiah Games in Tel Aviv in the 35's age division.
