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  • Bankruptcy | LII / Legal Information Institute
    administrative duties of bankruptcy proceedings Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress There are two basic types of Bankruptcy proceedings A filing under Chapter 7 is called liquidation It is the most common type of bankruptcy proceeding Liquidation involves the appointment of a trustee who collects the non exempt property of the debtor sells it and distributes the proceeds to the creditors Bankruptcy proceedings under Chapters 11 12 and 13 involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors Under Chapter 7 12 13 and some 11 proceedings a trustee is appointed to supervise the assets of the debtor A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors After a bankruptcy proceeding is filed creditors for the most part may not seek to collect their debts outside of the proceeding The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings Furthermore certain pre proceeding transfers of property secured interests and liens may be delayed or invalidated Various provisions of the Bankruptcy Code also establish the priority of creditors interests However a recent decision by the Supreme Court has shifted this power towards the debtor In Rousey v Jacoway April 4th 2005 the Court held that assets in Individual Retirement Accounts IRA s are protected under 11 U S C 522 d and thus exempt from withdrawal from the bankruptcy estate This decision has broad implications for the baby boomer generation providing millions of Americans nearing retirement with increased protection of their earnings Recent passage of the Bankruptcy Prevention and Consumer Protection Act in April 2005 has also resulted in major reforms in bankrupcy law outlining revised guidelines governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings The law also expands the responsibilities of the United States Trustees Program to include supervision of random and targeted audits certification of entities to provide credit counseling that individuals must receive before filing for bankruptcy certification of entities that provide financial education to individuals before being discharged from debt and greater oversight of small business Chapter 11 reorganization cases Definition from Nolo s Plain English Law Dictionary A federal legal process for debtors seeking to eliminate or repay their debts There are two types of bankruptcies for consumers Chapter 7 which allows debtors to wipe out many debts in exchange for giving up nonexempt property to be sold to repay creditors and Chapter 13 which allows debtors to keep all of their property and repay all or a portion of their debts over three to five years Businesses can file for Chapter 7 or Chapter 11 bankruptcy Chapter 11 lets companies reorganize their debt load to stay in business Definition provided by Nolo s Plain English Law Dictionary August 19 2010 5 11 pm menu of bankruptcy

    Original URL path: http://www.law.cornell.edu/wex/index.php/Bankruptcy (2012-11-09)
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  • Copyright | LII / Legal Information Institute
    device See 102 Copyright protection does not extend to any idea procedure process system method of operation concept principle or discovery For example if a book is written describing a new system of bookkeeping copyright protection only extends to the author s description of the bookkeeping system it does not protect the system itself See Baker v Selden 101 U S 99 1879 According to the Copyright Act of 1976 registration of copyright is voluntary and may take place at any time during the term of protection See 408 Although registration of a work with the Copyright Office is not a precondition for protection an action for copyright infringement may not be commenced until the copyright has been formally registered with the Copyright Office See 411 Deposit of copies with the Copyright Office for use by the Library of Congress is a separate requirement from registration Failure to comply with the deposit requirement within three months of publication of the protected work may result in a civil fine See 407 The Register of Copyrights may exempt certain categories of material from the deposit requirement In 1989 the U S joined the Berne Convention for the Protection of Literary and Artistic Works In accordance with the requirements of the Berne Convention notice is no longer a condition of protection for works published after March 1 1989 This change to the notice requirement applies only prospectively to copies of works publicly distributed after after March 1 1989 The Berne Convention also modified the rule making copyright registration a precondition to commencing a lawsuit for infringement For works originating from a Berne Convention country an infringement action may be initiated without registering the work with the U S Copyright Office However for works of U S origin registration prior to filing suit is still required The federal agency charged with administering the act is the Copyright Office of the Library of Congress See 701 of the act Its regulations are found in Parts 201 204 of title 37 of the Code of Federal Regulations Definition from Nolo s Plain English Law Dictionary A bundle of exclusive rights granted to the author of a creative work such as book movie song painting photograph design computer software or architecture These rights include the right to make copies authorize others to make copies make derivative works sell and market the work and perform the work Any one of these rights can be sold or licensed separately through transfers of copyright ownership Copyright rights are acquired automatically once the work is fixed in a tangible medium of expression Registration of the work with the Copyright Office offers additional benefits to the copyright owner See also fixed in a tangible medium of expression Definition provided by Nolo s Plain English Law Dictionary August 19 2010 5 13 pm menu of sources Federal Material U S Constitution and Federal Statutes U S Copyright Act CRS Annotated Constitution Federal Agency Regulations Code of Federal Regulations 37 C F R Chapt

    Original URL path: http://www.law.cornell.edu/wex/index.php/Copyright (2012-11-09)
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  • Internet Law Sites Offering For Fee Services
    platform for other kinds of advertising Links to valuable material from any of these sources are included in LII pages except where it is clear that the service will be free for a limited time only Among other free law sources what we look for is useful content and not simply another collection of law links The growth of subscription and other fee based services on the Net has posed the following issue for us Should we link to state judicial opinions newsletter material or other commentary that is available only to subscribers Since some sites are a mixture of free and fee based services they pose the same question in more complicated form For the present midway through 1996 our policy will continue to be to limit our links from the tables we have organizing legal materials by source and by topic to free resources We foresee the day when fee based services will be sufficiently important and accessible that it will be important to integrate them within our pages with some notation that third party charges lie beyond certain links Ideally that will occur with transaction pricing allowing retrieval of an individual document or search for a small

    Original URL path: http://www.law.cornell.edu/focus/commercial.html (2012-11-09)
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  • LII: Downloadable Titles
    also includes the Federal Rules of Bankruptcy Procedure and Federal Rules of Criminal Procedure These titles are available in multiple formats Most can be purchased and downloaded directly from the LII s secure server The content of all of these publications can be explored and indeed used without limit at our website We offer them on disk as well for that allows use in important settings like the classroom and

    Original URL path: http://www.law.cornell.edu/disk.html (2012-11-09)
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  • The U.S. Legal Context: Privacy, Commercial Solicitation, and Commercial Speech | LII / Legal Information Institute
    728 1970 see also State v Drahota 280 Neb 627 639 40 788 N W 2d 796 805 Neb 2010 dicta considering the extension of Rowan to private commercial email At a U S constitutional level privacy protections have been interpreted as emanating from the Bill of Rights See Griswold v Connecticut 381 U S 479 1965 However these constitutional privacy protections generally shelter individuals from state action typically legislation that can be seen as invading a zone of personal decision making e g prohibitions of birth control or abortion Privacy protections of various kinds may also be found in U S state statutes and state common law See also LII s Wex Entry Privacy II The U S Statutory Framework for Telephonic Commercial Solicitation Telemarketing Fraud Prevention the National Do Not Call Registry and Technology Restrictions In 1991 Congress enacted the Telephone Consumer Protection Act Pub L 102 243 This Act is now codified at 47 U S C 227 According to the U S Senate Committee on Commerce Science and Transportation the purpose of the Telephone Consumer Protection Act is to protect the privacy interests of residential telephone subscribers by placing restrictions on unsolicited automated telephone calls to the home and to facilitate interstate commerce by restricting certain uses of facsimile fax machines and automatic dialers See S Rep No 102 178 1991 In accordance with these stated purposes the law restricts the use of automatic dialing technologies artificial voices and recorders and the use of fax machines or computers to send unsolicited commercial faxes See 47 U S C 227 b 1 227 d The restrictions apply to mobile phones and pagers along with traditional land line phones See id The Federal Communications Commission FCC was authorized to issue regulations to implement the provisions of the Act those rules are set forth at 47 C F R 64 1200 The FCC was also authorized to implement a do not call database See 47 U S C 227 c 47 C F R 64 1200 c 2 In 1994 Congress enacted the Telemarketing and Consumer Fraud and Abuse Prevention Act Pub L 103 297 This Act is now codified at 15 U S C 6101 6108 This law authorized the Federal Trade Commission FTC to issue regulations prohibiting deceptive telemarketing practices and created a private right of action to enforce the FTC regulations See 15 U S C 6102 6103 In 1995 the FTC issued regulations pursuant to this law those rules are set forth at 16 C F R Part 310 In 2003 pursuant to its rulemaking powers under the Telemarketing and Consumer Fraud and Abuse Prevention Act the FTC promulgated regulations to implement a Do Not Call registry See 16 C F R 310 4 b 1 iii This approach was sanctioned by Congress later that same year in 15 U S C 6151 6155 In enacting this legislation Congress ordered the FCC to complete the implementation of a complementary do not call database under the

    Original URL path: http://www.law.cornell.edu/wex/inbox/international_anti-spam_law_us_legal_context (2012-11-09)
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  • Patent | LII / Legal Information Institute
    In re Wands 858 F 2d 731 Fed Cir 1988 In In re Wands the Federal Circuit Court of Appeals listed eight factors to be considered in determining whether a disclosure would require undue experimentation The Patent and Trademark Office has incorporated these factors in the Manual of Patent Examining Procedure See MPEP 2164 01 a The written description requirement compares the description of the invention set out in the specification with the particular attributes of the invention identified for protection in the claims It is possible for a specification to meet the test for enablement but fail the written description test The basic standard for the written description test is that the applicant must show he or she was in possession of the invention as later claimed at the time the application was filed Any claim asserted by the inventor must be supported by the written description contained in the specification The goal when drafting patent claims is to make them as broad as the PTO will allow THe writing requirement imposes two important limitations the applicant may not seek protection for a claim that is broader than the supporting specification and if the applicant intends to focus on a particular attribute of the invention in the claims that attribute must be clearly indicated in the specification In addition to disclosing sufficient information to enable others to practice the claimed invention the patent applicant is required to disclose the best mode of practicing the invention See 35 U S C 112 The best mode requirement is violated where the inventor fails to disclose a preferred embodiment or fails to disclose a preference that materially affects making or using the invention See Bayer AG v Schein Pharmaceuticals Inc 301 F 3d 1306 Fed Cir 2002 A violation of the best mode requirement involves two essential elements first it must be determined whether the inventor actually had a preferred mode of practicing the invention at the time the application was filed if it is established that the inventor did contemplate a best mode for practicing the invention the question becomes whether sufficient information was disclosed to enable a person of ordinary skill in the art to practice the best mode of the invention Patent Application Process Patents are granted and issued through the U S Patent and Trademark Office PTO See 35 U S C 1 26 The rules of practice in patent cases are listed in Title 37 Part I of the Code of Federal Regulations The process by which a patent is obtained from the PTO is called prosecution Prosecution begins when a patent application is filed with the PTO The basic elemements of a patent application are the specification including a summary of the invention usually accompanied by drawings one or more claims listed at the end of the specification an oath or declaration that the inventor was the first to invent the subject matter described in the specification and applicable filing fees Each patent application received by

    Original URL path: http://www.law.cornell.edu/wex/patent (2012-11-09)
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  • Copyright and Attribution | LII / Legal Information Institute
    consent to any use of this material for commercial redistribution either via the Internet or using some other form of hypertext distribution Links to the collection or individual pages in it are welcome Many of the judicial opinions statutes regulations and other legal materials accessible from these pages are maintained by other institutions Their use is therefore subject only to such conditions as those institutions set In those cases where the underlying texts are government documents those texts lie in the public domain The LII does not assert copyright in US Government works but we do claim copyright in markup navigation apparatus and other value added features of electronic editions of government publications This material is covered by a Creative Commons license viewable at http creativecommons org licenses by nc sa 2 5 In brief the terms of that license are that you may copy distribute and display this work or make derivative works so long as a you give the LII credit b you do not use this work for commercial purposes and c you distribute any works derived from this one under the same licensing terms as this Potential commercial users licensors should contact us at lii lii

    Original URL path: http://www.law.cornell.edu/lii/terms/copyright_and_attribution (2012-11-09)
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  • compilation | LII / Legal Information Institute
    collection and assembling of preexisting materials or of data that are selected coordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship The term compilation includes collective works 17 U S C 101 A compilation of mere facts may not be copyrighted Instead a compilation may only be copyrighted if there is a creative or original act involved i e in the selection and arrangement of materials The protection is limited only to the creative or original aspects of the compilation 17 U S C 103 Definition from Nolo s Plain English Law Dictionary A work formed by selecting collecting and assembling preexisting materials or data Examples of compilations are databases anthologies and collective works The creative aspects of a compilation such as the novel way it is organized and the selection of the materials to be included are entitled to copyright protection whether or not the individual parts are in the public domain or are subject to another owners copyright See also database collective work Definition provided by Nolo s Plain English Law Dictionary August 19 2010 5 13 pm Wex Toolbox Search WEX Donations cover only 20 of

    Original URL path: http://www.law.cornell.edu/wex/compilation (2012-11-09)
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