Patent Scope and Innovation in the Software Industry

Software patents have received a great deal of attention in the academic literature. Unfortunately, most of that attention has been devoted to the problem of whether software is or should be patentable subject matter. With roughly eighty thousand software patents already issued, and the Federal Circuit endorsing patentability without qualification, those questions are for the history books. The more pressing questions now concern the scope to be accorded software patents. In this Article, we examine the implications of some traditional patent law doctrines for innovation in the software industry. We argue that patent law needs some refinement if it is to promote rather than impede the growth of this new market, which is characterized by rapid sequential innovation, reuse and re-combination of components, and strong network effects that privilege interoperable components and products

Consumption, Happiness, and Climate Change

In this article, we explore the implications of this literature for understanding the relationship between climate change policies and consumption. We identify a number of ways in which accounting for the implications of the new happiness literature could lead to laws and policies that influence consumption in ways that increase the prospects for reducing greenhouse gas emissions in developed and developing countries. We do not examine every nuance of the growing happiness literature, but we provide a brief introduction and observations that we hope will stimulate further efforts by academicians and policymakers.happiness, life satisfaction, subjective well-being

Ephemeral Nebular Components in the Mildly Aqueously Altered CM Carbonaceous Chondrite LEW 85311

No abstract available

Assessing Bias in Regression Estimates Using Monte Carlo Simulations: Examples in Criminal Justice Research

Can we trust published results? Problems with bias in reported results: “Do social scientists even know anything?” Failed replications (“repligate”). Inaccurate inferences about important relationships (Type I and Type II errors). Inaccurate power analyses for future studies. To avoid these problems, researchers need tools to rigorously evaluate statistical models. The Monte Carlo method is one tool that can be used to evaluate bias in model estimateshttps://digitalscholarship.unlv.edu/gcua_symposium/1008/thumbnail.jp

Evidence for Widespread Post-Hydration Heating of the CM Carbonaceous Chondrites

No abstract available

Preliminary Empirical Assessment of Offshore Production Platforms in the Gulf of Mexico

This paper reports on a preliminary analysis of performance indicators on 3,020 platforms operating in the Gulf of Mexico between 1996 and 2010. Statistical analysis reveals that company-reported incidents (such as blowouts, fires, injuries, and pollution) increase with water depth, controlling for platform characteristics such as age, quantity of oil and gas produced, and number of producing wells. In addition to company-reported incidents, we examine government inspections and the type of enforcement action (warning, component shut-in, facility shut-in, or civil penalty review) following an inspection. Fewer incidents of noncompliance are detected during inspections on deepwater platforms compared with shallow-water platforms; however, the magnitude of the effect of depth on noncompliance is not large. We provide a preliminary analysis of the effect of prior findings of noncompliance, suggesting that noncompliance is persistent. We also find significant variability in both self-reported incidents and noncompliance across leaseholders.noncompliance, inspection, offshore oil and gas

Outcome Prediction for Unipolar Depression

Although effective drug and non-drug treatment for unipolar depressive illness exist, different individuals respond differently to different treatments. It is not uncommon for a given patient to lw switched several times from one treatment to another until an effective remedy for that particular patient is found. This process is costly in terms of time, money and suffering. It is thus desirable to determine at the outset the likdy response of a patient to the available treatments, so that the optimal one can be selected. Although prior attempts at outcome prediction with linear regression models have failed, recent work on this problem has indicated that the nonlinear predictive techniques of backpropagation and quadratic regression call account for a significant proportion of the variance in the data. The present research applies the nonlinear predictive technique of kernel regression to this problcrn, and employs cross-validation to test the ability of the resulting model to extract, from extremely noisy dinical data, information with predictive value. The importance of comparison with a suitable null hypothesis is illustrated.Office of Naval Research (N00014-95-1-0409

Parallel Play: The Simultaneous Professional Responsibility Campaigns Against Unethical IP Practitioners by the United States and China

“Parallel Play: The Simultaneous Professional Responsibility Campaigns Against IP Practitioners by the United States and China” describes efforts by the United States Patent and Trademark Office and the China National IP Administration to discipline trademark and patent practitioners through contemporaneous campaign-style approach directed to bad faith filings. At the USPTO, many of these bad faith filings have originated from China. In both countries, these bad faith activities have imposed significant burdens on IP agencies, the courts, and legitimate rights holders. The campaign is likely the largest professional responsibility campaign undertaken by an IP agency, and the largest cross-border IP disciplinary campaign undertaken by a US bar. By comparing the disciplinary and other actions of both the Chinese and US bars, this article contributes to scholarship on IP-related campaigns, attorney discipline, choice of law in attorney ethics, the differing approaches of disciplinary authorities in the United States and China, and the continuing importance of cross-border cooperation in addressing common challenges. The article suggests numerous potential areas of reform, including such areas as increased ethics education of dual-admitted (United States/Foreign) IP lawyers in the United States, reform to USPTO practices in handling conflict of law issues in attorney discipline, greater transparency of Chinese attorney regulatory authorities, and an enhanced role for civil remedies. The article also demonstrates how two countries have quietly observed and learned from each other, and how they could benefit from greater interaction on areas of common concern

Deepwater Drilling: Law, Policy, and Economics of Firm Organization and Safety

Nathan Richardson 64 Vand. L. Rev. 1853 (2011) Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public\u27s perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by a firm; and (2) there may be principal-agent problems within the firm, which could be reduced by external monitoring. The Article discusses five policies that could increase safety culture and monitoring: liability, financial responsibility (a requirement that a firm\u27s assets exceed a threshold), government oversight, mandatory private insurance, and risk-based drilling fees. We find that although each policy has a positive effect on safety culture, there are important differences and interactions that must be considered. In particular, the latter three policies provide external monitoring. Furthermore, raising liability caps without mandating insurance or raising financial responsibility requirements could have a small effect on the safety culture of small firms that would declare bankruptcy in the event of a large spill. The Article concludes with policy recommendations for promoting stronger safety culture in offshore drilling; our preferred approach would be to set a liability cap for each well equal to the worst-case social costs of a spill and to require insurance up to the cap