Epstein on Intellectual Property

Epstein on Intellectual Property PDF

Author: Michael A. Epstein

Publisher: Wolters Kluwer

Published: 2006-01-01

Total Pages: 1454

ISBN-13: 073555983X

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This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein. Epstein on Intellectual Property, Fifth Edition covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. You will consult this reference for expert answers to questions such as how to: Prevent the unauthorized use and disclosure of your company's trade secrets Determine what types of materials and information are covered by the copyright laws Apply for and enforce patents Reduce the risk of claims under the andquot;law of ideasandquot; Make effective use of noncompetition agreements Deal with the unique problems of biotechnology

Takings

Takings PDF

Author: Richard A. Epstein

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 377

ISBN-13: 0674036557

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If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Torpedo

Torpedo PDF

Author: Katherine C. Epstein

Publisher: Harvard University Press

Published: 2014-01-02

Total Pages: 418

ISBN-13: 0674727401

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When President Eisenhower referred to the “military–industrial complex” in his 1961 Farewell Address, he summed up in a phrase the merger of government and industry that dominated the Cold War United States. In this bold reappraisal, Katherine Epstein uncovers the origins of the military–industrial complex in the decades preceding World War I, as the United States and Great Britain struggled to perfect a crucial new weapon: the self-propelled torpedo. Torpedoes epitomized the intersection of geopolitics, globalization, and industrialization at the turn of the twentieth century. They threatened to revolutionize naval warfare by upending the delicate balance among the world’s naval powers. They were bought and sold in a global marketplace, and they were cutting-edge industrial technologies. Building them, however, required substantial capital investments and close collaboration among scientists, engineers, businessmen, and naval officers. To address these formidable challenges, the U.S. and British navies created a new procurement paradigm: instead of buying finished armaments from the private sector or developing them from scratch at public expense, they began to invest in private-sector research and development. The inventions emerging from torpedo R&D sparked legal battles over intellectual property rights that reshaped national security law. Blending military, legal, and business history with the history of science and technology, Torpedo recasts the role of naval power in the run-up to World War I and exposes how national security can clash with property rights in the modern era.

Supreme Neglect

Supreme Neglect PDF

Author: Richard A. Epstein

Publisher: Oxford University Press

Published: 2008-03-12

Total Pages: 208

ISBN-13: 9780198041443

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As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

Entertainment Law

Entertainment Law PDF

Author: Adam Epstein

Publisher: Prentice Hall

Published: 2006

Total Pages: 0

ISBN-13: 9780131147430

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Introducing a historical perspective in the music, radio, television, and motion picture industries, this book contains interrelated chapters that clearly and concisely expose readers to various legal issues among the segments of the entertainment industry. It shows that an appreciation of the extremely creative individuals that comprise the industry will be helpful if you choose entertainment law as a career. After a short overview of the American legal system, this book covers agents and managers, entertainment contracts, constitutional issues, administrative regulation, antitrust regulation, intellectual property issues, live performance issues, music and music publishing issues, and legal issues in television and motion pictures. An excellent reference and informational book for anyone involved in sports and/or entertainment law, including paralegals, legal assistants, and talent managers.

Skepticism and Freedom

Skepticism and Freedom PDF

Author: Richard A. Epstein

Publisher: University of Chicago Press

Published: 2003-06

Total Pages: 324

ISBN-13: 9780226213040

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With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.

The Trauma of Everyday Life

The Trauma of Everyday Life PDF

Author: Dr. Epstein

Publisher: Hay House, Inc

Published: 2014-07-07

Total Pages: 240

ISBN-13: 1781804567

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Trauma does not just happen to a few unlucky people; it is the bedrock of our psychology. Death and illness touch us all, but even the everyday sufferings of loneliness and fear are traumatic. In The Trauma of Everyday Life renowned psychiatrist and author of Thoughts Without a Thinker Mark Epstein uncovers the transformational potential of trauma, revealing how it can be used for the mind's own development. Epstein finds throughout that trauma, if it doesn't destroy us, wakes us up to both our minds' own capacity and to the suffering of others. It makes us more human, caring and wise. It can be our greatest teacher, our freedom itself, and it is available to all of us. Western psychology teaches that if we understand the cause of trauma, we might move past it while many drawn to Eastern practices see meditation as a means of rising above, or distancing themselves from, their most difficult emotions. Both, Epstein argues, fail to recognize that trauma is an indivisible part of life and can be used as a tool for growth and an ever deeper understanding of change. When we regard trauma with this perspective, understanding that suffering is universal and without logic, our pain connects us to the world on a more fundamental level. Guided by the Buddha's life as a profound example of the power of trauma, Epstein's also closely examines his own experience and that of his psychiatric patients to help us all understand that the way out of pain is through it.

Property Aspects of Intellectual Property

Property Aspects of Intellectual Property PDF

Author: Ole-Andreas Rognstad

Publisher: Cambridge University Press

Published: 2018-07-05

Total Pages: 247

ISBN-13: 110869361X

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For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.

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