ARTICLES

Collateralizing Intellectual Property

   This Article argues that the process of collateralization of intellectual property lacks transparency. Consequently, the current Article 9 of the Uniform Commercial Code may unfairly advance secured creditor's rights at the expense of intellectual property creators-such as authors and inventors-who are the debtors, and ultimately at the expense of society as a whole. The hidden costs of using intellectual property rights as collateral in secured transactions may prevent intellectual property creators from creating future works based on their early creations. This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

Representing Saddam Hussein: The Importance of Being Ramsey Clark

   This Article examines the professional life of former U.S. Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. Professor Brown does so through the vehicle of perhaps Ramsey Clark's most perplexing client choice-deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances?

   These are the specific questions that this Article endeavors to address; but more significantly, it critically explores the evolution of one of the most enigmatic and fascinating legal figures of modern times. Whether or not one agrees with Clark's views or the manner in which he has chosen to utilize his license to practice, a holistic assessment of the entirety of his professional career makes plain the critical importance of being Ramsey Clark.

Confronting Myths and Myopia on the Road from Doha

   Recent patent compulsory licenses issued by Thailand and Brazil have focused attention on this property rights safety valve as a means for balancing access and innovation in essential medicines. While derided in some quarters, many view these measures as a legitimate exercise of the flexibilities that exist in international intellectual property agreements, recently enhanced as a result of the WTO's Doha round of trade negotiations. But the increasing willingness to utilize patent compulsory licenses faces a troubled future: the international framework is dangerously ambiguous and significantly misaligned.

   Chief among the concerns is the level of compensation owed to a patent owner for the loss of exclusivity. There is an utter lack of standards in international law, and countries generally resort to compensation conventions that are beset by myths regarding the available options and shortsightedness as to the future impact. Largely ignored in the literature, this lack of a clear floor or ceiling to compulsory license compensation can make patent property rights less predictable, encourage gamesmanship by developing or developed countries wishing to cut expenditures, and, most perversely, even stifle access. This Article attempts to clarify the issue by focusing on the economic basis of compulsory licenses and identifying the underlying principles in existing compensation models. It suggests an innovative licensing framework that separates countries into three economic development tiers with different royalty mechanisms. Such a nuanced system, the Article argues, will lead to more predictability and effective institutional mechanisms, ensuring continued innovation and greater access to essential medicines.

NOTES

A Mystery of Motherhood: The Legal Consequences of Insufficient Research on Postpartum Illness

   Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. Finally, the Note praises passage of the Melanie Blocker-Stokes Postpartum Depression Research and Care Act by the U.S. House of Representatives and advocates the passage of the Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act, currently pending in the U.S. Senate.

Unplugging the Cable Franchise: A Regulatory Framework to Promote the IPTV Cable Alternative

   Internet Protocol Television (IPTV) is a new technology that promises to revolutionize the cable television industry. IPTV combines digital video technologies decades in development with the many advantages of Internet delivery, including cost and interactivity. The characteristics of IPTV that distinguish it from conventional cable television raise many regulatory questions. It is clear, however, that the decades-old cable franchising system, along with other cable-specific regulations, are a poor fit for IPTV. Wholesale application of these regulations could stifle the deployment of IPTV technology. Recently, telecommunications companies have begun rolling out competitive cable systems using IPTV over local telephone networks. To facilitate rapid growth unencumbered by local cable franchising authorities, these companies have lobbied intensely for franchising reforms at both the state and national levels. These reforms, however, have been met with opposition by stakeholders in the existing system, including local governments and cable companies. The results to date have been mixed and fail to deal with the new technology in a comprehensive manner. Therefore, a new regulatory framework is needed to address IPTV's unique features, promote its deployment, and yet be acceptable to the stakeholders in existing cable regulation. This Note proposes a balanced regulatory framework that incorporates federal regulation, state-level franchising, and limited control by local authorities, thereby maximizing the utility and availability of IPTV technology and balancing the concerns of all stakeholders.

Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?

   Trans fat was developed by chemists at the turn of the century and became an increasingly large part of the American diet. Trans fat in the form of partially hydrogenated vegetable oil now makes up 2% of all calories consumed in the United States. In the past two decades, studies have shown that artificially created trans fat increases cholesterol and increases the risk of coronary heart disease, heart attack, and type II diabetes. In response to these health concerns, New York City's Board of Health voted to ban trans fat from restaurant fare in December 2006. Other cities and local governments, including Philadelphia, Pennsylvania, and Montgomery County, Maryland, quickly followed suit. This Note analyzes constitutional attacks that may be brought against a ban like New York City's and concludes that the ban falls under the city's police power because it preserves the health of the city's citizens. Further, this Note contends that New York City's ban will survive dormant Commerce Clause challenges because it does not discriminate against out-of-state food producers and the burden on interstate commerce is outweighed by the health benefits to the city's citizens.