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Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii Jan 2020

Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii

Marquette Intellectual Property Law Review

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Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr Jan 2020

Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr

Marquette Intellectual Property Law Review

No abstract provided.


Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan Jan 2020

Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan

Marquette Intellectual Property Law Review

Recently, Congress has considered legislation to amend § 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court’s precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.

This article considers some less-discussed consequences of that draft leg- islative proposal. The legislation likely opens the door to patenting …


Tracing The Evolution Of Standards And Standard-Setting Organizations In The Ict Era, Manveen Singh Jan 2020

Tracing The Evolution Of Standards And Standard-Setting Organizations In The Ict Era, Manveen Singh

Marquette Intellectual Property Law Review

No abstract provided.


The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving Jan 2020

The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving

Marquette Law Review

none.


Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard Jan 2020

Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard

Marquette Law Review

The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …


Unconstitutional Parenthood, Jeffrey A. Parness Jan 2020

Unconstitutional Parenthood, Jeffrey A. Parness

Marquette Law Review

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Is The Constitution’S Convention For Proposing Amendments A “Mystery”? Overlooked Evidence In The Narrative Of Uncertainty, Robert G. Natelson Jan 2020

Is The Constitution’S Convention For Proposing Amendments A “Mystery”? Overlooked Evidence In The Narrative Of Uncertainty, Robert G. Natelson

Marquette Law Review

Since the 1960s, leading academics and other commentators have claimed that the composition and protocols of the Constitution’s “Convention for proposing Amendments” are unknowable, subject to congressional control, or both. Today those claims are on a collision course with growing public sentiment for an amendments convention to address federal dysfunction.