Law-Legal Issues

Law-Legal Issues

Article 1

Article name is 'No “Direction” Home: An Alternative Approach to Joint Infringement', it is written by W. Keith Robinson, who is an Assistant Professor of Law in SMU Dedman School of Law. This article was published in the Journal of 'American University Law Reviews', Volume 62:59 (2012).

This article examines the development of theory of joint infringement, together with the recent rehearing of Federal Circuit's of its own decision, in combination with technological advancement. According to this article, inducement should not be the only focus of law; rather another approach must be focused. Aim of this is to boost the chances of law to secure the interactive methods from infringement that are worthy while harmonizing that a broader strategy will entangle actors.

Considering in mind that in United States many software startups have been developing new technologies which can provide high degree of interactivity among customer devices like a cell phone, it has been really essential to protect the innovations, organizations must obtain patents which consist of the method to claim for technology. The article portrays a true picture that the requirement of this claim needs to perform all the required steps by more than one party and in order to effectively implement the patent for all its required steps, the Federal Circuit further held that patentee need for representing that other party's infringement is induced by one of the alleged infringers. The author is right about highlighting that in absence of inducement; the parties employ and take advantage the newly developed interactive technologies without the liability of patent infringement. The article also indicates suggestions of several commentators that by drafting better claims patentees can avoid this fate. However, considering today's advances in technology, it is very much evident that even an expert claim drafting can't secure the unauthorized use of the innovations of the patentees. Thus, the article holds an immense importance by suggesting that this gap in the law must be fulfilled.

Article 2

Article name is “Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases”, it is written by Todd Haugh, Visiting Assistant Professor of Law in IIT Chicago-Kent College of Law. This article is published in Journal of American University Law Review in 2012.

This article highlights a case in which it portrays a picture of two well-educated, extremely intelligent, and charismatic figures, who have been successful in their chosen careers, but both have ended up in federal prison. The article presents how the attorneys of both, Kaczynski and Madoff, uses capital mitigation strategies for their defense. It basically highlights the two different strategies used by attorneys, which both have resulted in same outcome.

By describing this case the article indicated that how attorneys use sentencing mitigation strategies. The article shows a true picture of how attorneys and defendants of the white collars federal have become unsuccessful to efficiently use mitigation techniques for decreasing imprisonment, which have resulted in unnecessary extended imprisonment for non-violent lawbreakers who have committed ...