Emory Law Journal

Volume 61Issue 5

Territoriality and Tangibility After Transocean

Timothy R. Holbrook | 61 Emory L.J. 1087 (2012)

Patent law is generally considered the most territorial form of intellectual property. The extension of infringement to include "offers to sell" inventions opened the door to potential extraterritorial expansion of U.S. patent law. In Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., the U.S. Court of Appeals for the Federal Circuit walked through the door by concluding (1) that the location of the ultimate sale, not the location of the offer, determines whether patent infringement occurred and (2) that there can be infringement by selling or offering to sell an invention based solely on diagrams and schematics.

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The Paradox of Political Power: Post-Racialism, Equal Protection, and Democracy

William M. Carter, Jr. | 61 Emory L.J. 1123 (2012)

Racial minorities have enjoyed increasing electoral success in recent years, while continuing to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Some observers, including some members of the Supreme Court, have pointed to evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of substantial continued disparities for the vast majority of people of color.

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Governing Systemic Risk: Towards a Governance Structure for Derivatives Clearinghouses

Sean J. Griffith | 61 Emory L.J. 1153 (2012)

Derivatives transactions create systemic risk by threatening to spread the consequences of default throughout the financial system. Responding to the manifestations of systemic risk exhibited in the financial crisis, policy-makers have sought to solve the problem by requiring as many derivatives transactions as possible to be "cleared" (essentially guaranteed) by a clearinghouse.

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Turning Over a New Sprout: Promoting Agricultural Health By Fostering the Coexistence of Organic and Genetically Modified Crops in the Wake of Monsanto Co. v. Geertson Seed Farms and the Deregulation of Modified Alfalfa

Joseph Kiefer | 61 Emory L.J. 1241 (2012)

According to the United States Department of Agriculture (USDA), the agricultural health of the United States requires the concurrent feasibility, or coexistence, of organic crops and genetically modified crops. Both types of crops offer separate environmental, economic, and health benefits. Modified crops, or crops infused with beneficial genes to increase yield or decrease the need for chemical applications, are ubiquitous in U.S. farming. Similarly, organic crops, or crops grown without modified genes, are gaining popularity. Unfortunately, the coexistence of organic and modified crops is threatened by the phenomenon of gene flow.

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Reversing the Perversion: Interpreting ERISA to Protect Employees Who Report Violations of Federal Law to Their Managers

Adam Reinke | 61 Emory L.J. 1287 (2012)

Congress enacted the Employee Retirement Income Security Act of 1974 (ERISA) to protect workers’ retirement savings from mismanagement and misuse. Section 510 of ERISA makes it unlawful for any individual to interfere with a person who attempts to enforce her rights under ERISA. Section 510 also contains an antiretaliation provision, which protects employees who report potential ERISA violations by imposing civil penalties on employers that commit an adverse employment action against an employee in retaliation for making such a report.

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