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Articles by Eric Lane
The Genius of America: Our Constitution
America’s extraordinary success is directly related to its unique form of government embodied in the Constitution. Editor's Note: Eric Lane is a professor of constitutional and public law at Hofstra University and the author of three books. Michael Oreskes held senior editorial positions at The New York Times and the Associated Press before joining NPR as senior vice president of news.
“Shall We Have a King?”
Editor's Note: One of the preeminent historians of our time, William Leuchtenburg published his first essay in American Heritage in 1957. We were saddened to hear of his passing earlier this year, but also delighted he published a last book of essays entitled, Patriot Presidents: From George Washington to John Quincy Adams. We thank Oxford University Press for allowing us to adapt one of the essays.
Commentary: Extremists eroding wall between church, state
Christian nationalists invoke “religious freedom” to justify discrimination, attacks on transgender children, homophobia, sexism, limiting reproductive rights, denying climate change, opposing mask and vaccine mandates, demanding creationism be taught in public science classes and tax money be given to send children to private religious schools, book banning and violent opposition to democracy.
Commentary: Activist spoke for San Antonio's atheists
On May 26, Nick Lee, past president of the Atheist Alliance International, past president of the Freethinkers Association of Central Texas and a board member of the San Antonio Chapter of Americans United for Separation of Church and State for nearly a decade, died. You may not have heard his name before, but he played a critical role in broadening the consciousness, diversity and culture of San Antonio and beyond.
The Genius of America
Home > Non-Fiction > History > The Genius of America How the Constitution Saved Our Country--and Why It Can Again By: Eric Lane, Michael Oreskes Published: 10-01-2007 Format: Hardback Edition: 1st Extent: 304 ISBN: 9781596911994 Imprint: Bloomsbury USA Dimensions: 5 1/2" x 7 1/8" List price: $23.95 Online price: $21.56 Saving: Save $2.40 (10%) Tell others about this book Lorem About The Genius of America The history of democracy is a history of failure.
Boulder County: Protect yourself and others when going outdoors
By Joe Pelle, Eric Lane, Jeff Zayach and Jeff Maxwell We understand these are stressful times and getting outdoors for exercise and fresh air is a great aid to helping us all get through these trying times. Research has shown that when people are stressed, anxious, and socially isolated — as we are right now due to the COVID-19 pandemic — having access to parks, trails, and natural areas becomes even more important.
Opinion: Jeff Zayach and others: Protect yourself and others when going outdoors
By Jeff Zayach, Joe Pelle, Jeff Maxwell and Eric Lane We understand these are stressful times, and getting outdoors for exercise and fresh air is a great aid to helping us all get through these trying times. Research has shown that when people are stressed, anxious and socially isolated — as we are right now due to the COVID-19 pandemic — having access to parks, trails and natural areas becomes even more important.
Opinion: Eric Lane: Bald eagles do well in Boulder County
By Eric Lane Regarding Dana Bove’s guest opinion “County prairie dog policy could hurt bald eagles” in the Jan. 5 Daily Camera: On behalf of the Boulder County commissioners and myself, I’d like to make it clear that Boulder County Parks and Open Space staff works cooperatively with U.S. Fish and Wildlife Service and Colorado Parks and Wildlife to protect bald eagle nests, and Boulder County abides by all state and federal regulations for their protection.
Eric Lane: Boulder gave other counties time to prepare for emerald ash borer
By Eric Lane In their Sept. 11, 2019, press release, the Colorado Department of Agriculture (CDA) stated that they are pursuing the repeal of a quarantine in Boulder County which has been in place to slow the spread of the emerald ash borer (EAB). The purpose of the quarantine is to allow time to eradicate the pest in question if possible. EAB will not be eradicated, but the quarantine has still been a success.
Opinion: Eric Lane: The best place for a bad bug to happen
By Eric Lane In its Sept. 11 press release, the Colorado Department of Agriculture stated that it is pursuing the repeal of a quarantine in Boulder County, which has been in place to slow the spread of the emerald ash borer. The purpose of the quarantine is to allow time to eradicate the pest in question if possible. Emerald ash borer will not be eradicated, but the quarantine has still been a success.
Clean Tech in Court: Green Patent Complaint Update
May 31st, 2019 by Eric Lane Leave a reply » A number of new green patent infringement complaints were filed in March and April in the fields of LEDs and OLEDs, battery life conservation, and solar power. LEDs and OLEDs AfterGlow, LLC v. Bright Path Lighting, Inc. CURRENT LIGHTING SOLUTIONS, LLC et al v. CREE, INC. NEXT Lighting Corp v. Acuity Brands Lighting Inc SEOUL SEMICONDUCTOR CO., LTD. et al v. Satco Products, Inc. Solas OLED Ltd. v. LG Display Co., Ltd.
Anti-abortion does not mean pro-life
By Eric Lane, For the Express-News Published 4:23 pm CDT, Monday, April 15, 2019 Marco Lone, who has participated in the every rally, drove in from Ranch, Texas to join the Texas Rally for Life at the Texas State Capitol on January 26 in Austin, Texas. Taking abortion rights from women will lead to dangerous, illegal abortion practices.
Anti-abortion does not mean pro-life
By Eric Lane, For the Express-News Published 4:23 pm CDT, Monday, April 15, 2019 Marco Lone, who has participated in the every rally, drove in from Ranch, Texas to join the Texas Rally for Life at the Texas State Capitol on January 26 in Austin, Texas. Taking abortion rights from women will lead to dangerous, illegal abortion practices.
Clean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in January and February, with one lawsuit relating to green fitness equipment, one relating to energy storage, and the rest involving LED technology. This lawsuit was filed February 27, 2018 in U.S. District Court for the Western District of Louisiana.
The question we need to ask our candidates
The question we need to ask our candidates When I see reporters jockeying with one another to ask a political leader a question during a press conference, I often wish I were among them. If called upon, my question would be simple: “Do you support the separation of church and state?” If he or she answers, “Yes, I certainly support keeping church and state separate,” then we have someone who understands the Constitution and the Bill of Rights.
Clean Tech in Court: Green Patent Complaint Update
There were several new green patent lawsuits filed in November and December in the areas of eco-friendly pet products, electric vehicle charging, LEDs, smart grid, and solar mounting systems. This lawsuit involves pet pad technology that cools your pets without water or electricity. The complaint was filed December 29, 2017 in U.S. District Court for the District of Massachusetts. The asserted patents are U.S. Patent Nos.
Untouchables: WIPO Reports on Solar’s Intangibles
The World Intellectual Property Organization recently released its 2017 IP report entitled “Intangible Capital in Global Value Chains.” The report tackles several questions about the types, roles, and importance of intangible assets in global value chains. One key question is what role intellectual property plays in generating a return on these assets.
Clean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in September and October in the areas of advanced batteries, green cleaning solvents, and LED lighting. LG Chem filed a lawsuit against Amperex asserting three patents relating to separator technology for advanced batteries. The complaint was filed in U.S. District Court for the Eastern District of Michigan on October 25, 2017 and lists U.S. Patent Nos. 7,662,517 (‘517 Patent), 7,638,241 (‘241 Patent) and 7,709,152 (‘152 Patent).
Board Rules QLED Trademark Generic for, Well, QLEDs
Previous posts (e.g., here and here) have discussed trademarks that are “merely descriptive” of the goods or services. Although the registration process can be an uphill battle, some descriptive marks can be protected. Generic marks, which refer to the class or category of goods or services, are never protectable. In November 2014, LG Electronics filed a federal trademark application for the mark QLED.
Clean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in July and August in the areas of advanced batteries, electrolyzers for sewage treatment, LED lighting, eco-friendly pet products, solar powered trash compactors, and wind turbines. On July 26, 2017 Somaltus, a non-practicing entity, filed three patent infringement lawsuits against Universal Power Group (Somaltus v. Universal Power Group), Tenergy (Somaltus LLC v. Tenergy Corporation), and Maxim Integrated Products (Somaltus LLC v.
Board Rules Wind Turbine Design Cannot Be a Trademark
In an interesting case at the intersection of patent and trademark law, as well as that of functionality and branding, Change Wind Corporation (Change) has lost its bid to register its turbine design as a federal trademark.
Clean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in May and June in the areas of advanced batteries, electroluminescence lighting technology, green cleaning solvents, and LEDs. In this lawsuit Milwaukee Electric asserted infringement of three patents relating to lithium-ion battery powered cordless power tools. The complaint was filed May 5, 2017 in U.S. District Court for the Eastern District of Wisconsin.
Was the United States founded as a Christian nation?
Was the United States founded as a Christian nation? On the Fourth of July, in newspapers across the country, including here in the San Antonio Express-News, Hobby Lobby ran an ad selling the idea that the United States was founded as a Christian nation. It wasn’t. In fact, this viewpoint — that the United States was founded as a Christian nation — is at best a myth and at worst, fake history peddled by charlatans. It goes completely against the intent, words and actions of the founders.
Celgard Urges Supremes to Condemn Judgments Without Opinions
Previous posts (e.g., here, here and here) discussed the patent enforcement activity of Celgard, a North Carolina company that manufactures specialty membranes and separators for lithium ion batteries. In these lawsuits, Celgard has asserted U.S. Patent No. 6,432,586 (’586 Patent). The ’586 Patent is entitled “Separator for a high energy rechargeable lithium battery” and directed to a separator including a ceramic composite layer and a polyolefinic microporous layer.
With traffic and transit in crisis, city must take charge | Crain's New York Business
With New York City’s roads and rails sliding into transportation purgatory, you would think political leaders would be exploring every possible avenue for easing traffic and generating funds for repairs and investment. Why, then, is the city dismissing one such option out of hand: a new congestion-charging plan under which the city would, on its own legal authority, charge drivers the $2.75 price of a subway swipe to drive to and from the Manhattan central business district?
Clean Tech in Court: Green Patent Complaint Update
There were many new green patent complaints filed in March and April in the areas of advanced batteries, fuel efficiency, green cleaning solvents, LEDs, smart grid, and solar power. On March 14, 2017 Somaltus, a non-practicing entity, filed a patent infringement complaint against Johnson Outdoors in federal court in Marshall, Texas.
No religious test for public office, even mayor
No religious test for public office, even mayor At a mayoral forum that took place at a firefighters union April 5, Josh Baugh of the Express-News reported that Mike Berlanga of the Christian Business Chamber of Commerce asked the candidates: “Do you identify yourself as a Christian?” All four candidates answered that they did. I would like to point out that being Christian is not and should not be a requirement to be mayor of San Antonio, as the questioner implied.
Hybrid Vehicle Litigation Report: Paice’s Patent Progress
With its seminal patents and continual patent enforcement activity, hybrid vehicle technology company Paice has been a frequent subject of discussion in this space. In fact, my first post almost ten years ago was about the company’s litigation with Toyota. There have been a few recent developments to report. First, in January Paice announced that it had settled its patent litigation with Volkswagen, Audi, and Porsche.
Clean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in January and February in the areas of advanced batteries, waste-to-energy feedstocks, energy-efficient exercise equipment, and LEDs. Advanced Electrolyte Technologies (AET) sued ESDI and several divisions of Samsung in a complaint filed January 18, 2017 in federal court in Austin, Texas.
Are Trump’s Trademarks Impeachable Intellectual Property?
Followers of this blog may have recognized through the years an implicit belief in a connection between the sometimes intricate rules of intellectual property and larger, high-level issues, principally climate change, but also business, competition, and innovation. Indeed, I do believe that IP has an impact on those important issues and in those areas of human endeavor, otherwise why would I be blogging in this space?
Hmm . . . a Few Bars: Tesla Changes its Tune on Model 3 Trademark
About a year ago, Tesla filed two new trademark applications in the U.S. Patent and Trademark Office (USPTO) – Application Serial Nos. 86/960,133 and 86/960,138 – the first for its three bars design and the second for the mark MODEL 3 with three bars: Last month, Adidas filed an opposition proceeding in the USPTO opposing registration of the two applications. The problem was that Tesla’s trademark applications were not for electric vehicles, but for clothing.
What town hall missed on sanctuary cities
I attended the town hall meeting on sanctuary cities at the UTSA downtown campus on Jan. 26. I must say I came away disappointed. First, there was a glaring omission. No sanctuary city advocate was on the panel. I came to a town hall meeting on sanctuary cities and expected to hear at least one pro-sanctuary city voice. Nor was there anyone on the panel representing immigrants, legal or illegal.
Clean Tech in Court: Green Patent Complaint Update
LED technology continues to dominate green patent litigation, with at least 18 new lawsuits filed in November and December of 2016. Solar mounting systems and waste management each saw one new lawsuit during this period. Filed November 3, 2016 in federal court in Phoenix, Arizona, OptoLum’s complaint asserts three patents against Cree. The patents-in-suit are U.S. Patent Nos.
Lawmakers must keep religion out of government
Lawmakers must keep religion out of government As Texas prepares for the upcoming legislative session, we need to remind ourselves that government, whether city, county, state or federal, is responsible for civil matters while religious institutions are responsible for spiritual ones. Regardless of how well intentioned a politician may be, forcing his or her religious “truths” on the rest of us is contrary to the founders’ intent and just plain un-American.
VW and Feds On Track to Settle; VW to Repair or Buy Back Cheating Vehicles
It’s hard to keep track of all of the developments in the Volkswagen emissions greenwashing scandal, and there’s much to catch up on. First, the German automaker worked out the framework for potential settlement of a lawsuit with the U.S. Department of Justice (DOJ), which filed a civil complaint against Volkswagen in January seeking injunctive relief and monetary penalties for VW’s actions.
Clean Tech in Court: Green Patent Complaint Update
March and April saw a big uptick in green patent lawsuits filed, mostly driven by LED actions. The suits were in the areas of energy storage, LEDs, and smart grid. Connecticut based Praxair sued rival Air Liquide for infringement of a patent relating to underground hydrogen storage. Filed in federal court in Beaumont, Texas, the complaint alleges that Air Liquide’s operation of its Spindletop hydrogen storage cavern infringes U.S. Patent No. 8,690,476 (‘476 Patent).
Various Bodies in Europe and the US Stay Active on Greenwashing
Two recent greenwashing decisions in the United States and Europe highlight the various (sometimes overlapping) organizations involved in combating false or misleading green advertising claims. In the U.S., the National Advertising Division (NAD) of the Better Business Bureau (BBB) recently examined environmental benefit and performance claims made in connection with “Eco Alkalines” batteries.
Paice Goes Straight to the Border with Patent Complaint Against VW
Over the years this blog has covered important patent litigation and settlements involving hybrid vehicle technology company Paice and some major automakers, including Hyundai/Kia, Toyota, and Ford (see, e.g., the Ford post here).
EPA and Commodities Commission Cooperate to Fight Biofuels Greenwashing
Previous posts (e.g., here, here, here, and here) have covered a rash of fraudulent biofuels credits schemes in which companies falsely claim to produce biofuels and sell fake credits on the Renewable Identification Numbers (RINs) market.
With New Lawsuits Against VW Greenwashing Focus Shifts to Consumers
Previous posts (here and here) discussed the Volkswagen emissions scandal in which the German automaker intentionally programmed a number of its diesel vehicles to activate emissions controls only during testing. The vehicles’ software allowed the nitrogen oxide (NOx) output to satisfy U.S. emissions standards during testing while producing much higher emissions during actual driving conditions.
Should Patent Policies Be Used to Stifle Fossil Fuel Innovation?
Greentech Media covered a new report that looked at the kinds of market forces we would need to effectively move from fossil fuels to renewables. Entitled “Will We Ever Stop Using Fossil Fuels?”, the report concludes that technology-driven cost reductions will lead us to continue to use fossil fuels for many years. One important point raised by the study is that the analytical framework used to compare the cost of renewables versus the cost of fossil fuels is flawed.
Trademark Board Eliminates CARBON ELIMINATOR Application
In yet another example of eco-mark applicants struggling with descriptiveness, a trademark application for CARBON ELIMINATOR for a “non-chemical enzyme fuel additive” recently went down as merely descriptive of the goods. After the Examining Attorney refused registration of the mark, Star-Brite Distributing, Inc. (Star-Brite) appealed to the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (Board).
Feds Fed Up with VW; Lawsuit Alleges Clean Air Act Violations
A previous post discussed the Volkswagen emissions scandal in the context of other greenwashing cases and noted that it may exemplify a new trend of high-tech greenwashing. Last year, Volkswagen admitted that it had intentionally programmed a number of its diesel vehicles to activate emissions controls only during testing.
Paice Licenses Hybrid Vehicle Patents to More Big Automakers
In another big success for Paice, the hybrid vehicle technology company recently reached an agreement to license all of its tech to Hyundai and Kia. This comes after a Baltimore jury found that the Korean automakers owed Paice $28.9 million in damages for infringing three patents relating to hybrid electric vehicles: U.S. Patent Nos. 7,237,634, 7,104,347, and 7,559,388. All three patents are entitled “Hybrid vehicles” .
Supremes’ Alice Ruling Drowns Water Treatment Patent
A Green Patent Complaint Update post reported on the patent infringement suit between Neochloris and Emerson Process Management Power & Water Solutions. Citgo was also named as a defendant. In the lawsuit, Neochloris accused Emerson and Citgo of infringing U.S. Patent No. 6,845,336 (‘336 Patent).
Vouchers will spend tax dollars on religion
Vouchers are a terrible idea, and it is important to be engaged in this debate. If voucher proponents succeed, it will mean the inevitable dismantling of our public school system. The word that is often used is “choice.” Supporters argue that vouchers give students and parents a “choice” in their education. Who doesn’t want choice, right? It sounds so good. But let’s examine what this so-called “choice” really is.
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