Principles of Patent Law Involved in the Weiss Patent Litigation

1929 ◽  
Vol 2 (1) ◽  
pp. 93-98
Author(s):  
Anthony William Deller
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
Dual Function ◽  
Patent Litigation ◽  
Rubber Industry ◽  
The Supreme Court ◽  
The Status ◽  
History Of ◽  
Widespread Interest

Abstract OWING to the widespread interest in the chemical industry generally, and especially in the rubber industry, in diphenylguanidine as an accelerator in the vulcanization of rubber, it is believed that a discussion of the recent decision of the Supreme Court of the United States in the matter of the Weiss diphenylguanidine patent will serve a dual function of informing chemists about the status and the history of the Weiss patent and, at the same time, of expounding some of the principles of patent law involved in the case.

The Proclaiming of treaties in the United States

1936 ◽  
Vol 30 (1) ◽  
pp. 63-79
Author(s):  
Henby Reiff
Keyword(s):  
United States ◽  
The United States ◽  
International Agreement ◽  
British Government ◽  
Usual Form ◽  
The Supreme Court ◽  
The Status ◽  
History Of ◽  
To Come ◽  
Domestic Law

The recent case of Factor v. Laubenheimer raised several interesting questions with regard to the date of effectiveness of the extradition treaty between the United States and Great Britain, signed at London, December 22,1931, and the effect, if any, of the President’s proclamation of the treaty upon its status as law of the land of the United States. Article 18 of the treaty provided that it was to “come into force ten days after its publication, in conformity with the forms prescribed by the laws of the high contracting parties.” Ratifications were exchanged at London, August 4,1932; the President issued a proclamation in the usual form containing the treaty, as of the date August 9,1932; but the British Government withheld the issuance of an Order-in-Council containing the treaty, apparently to avoid affecting the result in the Factor Case. Counsel for the petitioner argued that the treaty was in force, but the Supreme Court, without going into the merits of the contention, followed the State Department, which appeared not to have recognized the treaty as in force in either country. The court, after examining the terms of the 1931 agreement found that even if it had come into effect as contended it would not have abated the pending proceedings. In several previous cases incidentally involving Presidential proclamations of treaties, the court has also been able to dispose of the principal issues raised without pronouncing upon the status and effect of such proclamations. On some future occasion, perhaps, the court may find it necessary to rule squarely upon the relation of the President’s proclamation of an international agreement to its status in domestic law. The present discussion is devoted to an examination of that relation, which includes the date of effectiveness of a treaty; the history of the use of the proclamation; and the effect of the proclamation upon the status of the treaty as law of the land.

Creating Oportunity

2013 ◽  
Author(s):  
Zoltan J. Acs
Keyword(s):  
United States ◽  
The United States ◽  
Status Quo ◽  
Historical Background ◽  
Economic Opportunity ◽  
Wealth Creation ◽  
The Status ◽  
History Of ◽  
Fundamental Tension ◽  
Opportunity Creation

This chapter describes the system of opportunity creation in the United States, which has been a series of inventions and reinventions of the means by which opportunity has been provided. It begins with a historical background on efforts to suppress opportunity—or at least keep a monopoly hold on it—particularly in Britain. It then considers how opportunity has been embedded in American-style capitalism in two fundamental ways. The first is by equipping individuals with the skills they need to participate in capitalism; the second relates to the functioning of innovation and markets, and to the ability of new industries, firms, and jobs to challenge the status quo—namely, creative destruction. It also highlights the fundamental tension between wealth creation and maintaining economic opportunity. The chapter concludes with a discussion of the role played by schools and education reformers in the history of opportunity and opportunity creation in America.

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