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Sandbagging: Eagle Force Holdings & The Market’S Reaction, Griffith Kimball
Sandbagging: Eagle Force Holdings & The Market’S Reaction, Griffith Kimball
BYU Law Review
No abstract provided.
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
BYU Law Review
Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash
BYU Law Review
No abstract provided.
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
BYU Law Review
No abstract provided.
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review
No abstract provided.
Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen
Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen
BYU Law Review
No abstract provided.
Creditors' Contempt, Lea Shepard
Creditors' Contempt, Lea Shepard
BYU Law Review
This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as “debtor’s examinations,” “turnover orders,” “citations to discover assets,” “supplementary proceedings,” “proceedings supplementary,” and “proceedings in aid of execution,” in personam remedies force the debtor, under threat of the court’s contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court’s contempt authority can result in a debtor’s imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …
Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs
Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs
BYU Law Review
No abstract provided.
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez
BYU Law Review
No abstract provided.
Negativing Invention, Jacob S. Sherkow
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Reinventing Usefulness, Michael Risch
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
BYU Law Review
No abstract provided.
Legal Origins, Investor Protection, And Canada, Poonam Puri
Legal Origins, Investor Protection, And Canada, Poonam Puri
BYU Law Review
No abstract provided.
Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca
Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca
BYU Law Review
No abstract provided.
Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman
Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman
BYU Law Review
No abstract provided.
The Software Licensing Dilemma, Nancy S. Kim
A Rose By Any Other Name Would Smell As Sweet (Or Would It?): Filing And Searching In Article 9'S Public Records, Margit Livingston
A Rose By Any Other Name Would Smell As Sweet (Or Would It?): Filing And Searching In Article 9'S Public Records, Margit Livingston
BYU Law Review
No abstract provided.
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
BYU Law Review
No abstract provided.
Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee
Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee
BYU Law Review
No abstract provided.
The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt
The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt
BYU Law Review
No abstract provided.
Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger
Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger
BYU Law Review
No abstract provided.
Tarnishment And The Ftda: Lessening The Capacity To Identify And Distinguish, Layne T. Smith
Tarnishment And The Ftda: Lessening The Capacity To Identify And Distinguish, Layne T. Smith
BYU Law Review
No abstract provided.
A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
BYU Law Review
No abstract provided.
Foreseeable Trouble: How Festo Corp. V. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies Of The U.S. Patent System By Making Prosecution History Estoppel Depend Upon Foreseeability, Tony Caliendo
BYU Law Review
No abstract provided.
On Your Mark, Get Set, Go! A New Race To The Courthouse Sponsored By Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc., Christian A. Fox
On Your Mark, Get Set, Go! A New Race To The Courthouse Sponsored By Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc., Christian A. Fox
BYU Law Review
No abstract provided.
Definition For "Limitation" In The Context Of Prosecution History Estoppel And The All Elements Rule: A Proposed Solution To The Troubling Dictum In Kustom Signals V. Applied Concepts, Philip M. Nelson
BYU Law Review
No abstract provided.
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
BYU Law Review
No abstract provided.
The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith
The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith
BYU Law Review
No abstract provided.
Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr.
Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr.
BYU Law Review
The federal income tax does not apply to profits generated by pure mail order sales originating from outside the United States, and state and local consumption taxes are effectively inapplicable to pure mail order sales originating from outside the taxing jurisdiction. These conclusions seem fully applicable to federal taxation of income from sales that are initially solicited through Internet advertising and then transacted over the Internet between a customer in the United States and an out-of-country seller's out-of-country website. Similar conclusions are also, arguably, applicable in the case of state and local consumption taxes. Extension of the mail order tax …