December 2006 Vol. 105 No. 3 THE REVIEW
ARTICLES

Independent Invention as a Defense to Patent Infringement

Samson Vermont

Under current law, independent invention is no defense to patent infringement. This Article argues that independent invention should be a defense, provided the independent inventor creates the invention before receiving actual or constructive notice that someone else already created it. The defense reduces wasteful duplication of effort and enhances dissemination of inventions without lowering the incentive to invent below the necessary minimum. To be sure, the defense lowers the incentive for inventions that face significant odds of being invented by more than one inventor.

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Race Nuisance: The Politics of Law in the Jim Crow Era

Rachel D. Godsil
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The Disgorgement Interest in Contract Law

Melvin A. Eisenberg
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NOTES

Party On: The Right to Voluntary Blanket Primaries

Margaret P. Aisenbrey

Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the “standard bearer[s]” for the political party—the people who “best represent[ ] the party’s ideologies and preferences.” The primary represents a “crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community.” Because the primary is such a critical moment for the political party, the party’s associational rights are most important at this time.

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