Month: February 2019

International Law

A Unified Patent for Europe: Decades in the Making

February 21, 2019 Eliza Farley 0

Since 2016 there have been negotiations within the European Union (EU) concerning a radical change of the patent system in Europe. At the moment, companies and citizens can apply for either national patents within a single country, or for a bundled patent that spans multiple countries. The establishment of this Unified Patent Court (UPC) would eliminate both of those options in favor of a unitary patent across all member nations. This idea is popular among European nations, as the European Patent Convention, which has overseen the passing of international patents since 1973, began passing unitary European patents for the past seven years. This originally started as a way for the EU to reduce translation and litigation costs, but member states favored the unified enforcement process for its simplicity and effectiveness. Despite this favor, the European Council and European Parliament have faced a number of challenges in actually implementing the Unitary […]

Case Reviews

A Post Truth First Amendment

February 13, 2019 Ben Leonard 0

Introduction: Fake news has seen tremendous reach. Conspiracy theories are frequently peddled. President Donald Trump averaged more than 15 false statements per day in 2018. It’s fair to say that America is now in a post-truth era. To many Americans, truth just doesn’t matter as much as it once did. One First Amendment scholar, Sarah Haan—associate professor of law at Washington and Lee School of Law—thinks that post-truthism poses a constitutional law problem with regards to the First Amendment. “Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information,” wrote Haan in her 2018 paper entitled “The Post-Truth First Amendment.” “Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.” What exactly is post-truthism? Haan argues that most people still view the truth as […]