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Articles 1 - 30 of 96
Full-Text Articles in Entire DC Network
Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo
Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo
UC Law SF Communications and Entertainment Journal
Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Michigan Law Review
Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …
Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews
Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews
Indiana Journal of Global Legal Studies
No abstract provided.
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Indiana Journal of Global Legal Studies
No abstract provided.
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed
Indiana Journal of Global Legal Studies
No abstract provided.
Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey
Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
One Trip To The Dentist Is Enough: Reasons To Strengthen Intellectual Property Rights Through The Free Trade Area Of The Americas, Owen Lippert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo
An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Unilateral Refusals To Deal In Intellectual Property After Image Techical Services, Inc. V. Eastman Kodak Co., Brian F. Ladenburg
Unilateral Refusals To Deal In Intellectual Property After Image Techical Services, Inc. V. Eastman Kodak Co., Brian F. Ladenburg
Washington Law Review
While the Federal Patent and Copyright Acts give patent and copyright holders limited exclusive rights in intellectual property, the Sherman Act prohibits combinations or conspiracies that restrain trade and monopolization. Although firms possessing intellectual property generally exercise their statutory exclusionary rights without running afoul of the antitrust laws, conduct may plausibly be authorized by intellectual property law but forbidden by antitrust. In construing the two statutory schemes, federal courts have generally held that conduct authorized by the intellectual property laws, in the absence of some further inculpatory action, cannot form the basis for antitrust liability. The Ninth Circuit departed from …
From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun
From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn
Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate
Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate
Indiana Journal of Global Legal Studies
No abstract provided.
Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss
Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
In The Wake Of Lough V. Brunswick Corp.: Who Decides Experimental Purpose In 35 U.S.C. § 102(B) Public Use Cases?, Chad P. Webster
In The Wake Of Lough V. Brunswick Corp.: Who Decides Experimental Purpose In 35 U.S.C. § 102(B) Public Use Cases?, Chad P. Webster
Washington Law Review
Pursuant to 35 U.S.C. § 102(b), a defendant can avoid liability for patent infringement if the patented invention was in public use in the United States more than one year prior to the date of patent application. Although "public use" is broadly construed to include most nonsecret uses, a nonsecret use pursued primarily for bona fide experimental purposes is merely an "experimental use." Experimental use negates the conclusion that an invention was in public use within the meaning of section 102(b). In Lough v. Brunswick Corp., the U.S. Court of Appeals for the Federal Circuit held that the issues …
Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt
Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Penn State International Law Review
No abstract provided.
Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill
Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill
American University Law Review
No abstract provided.
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
American University Law Review
No abstract provided.
Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight
Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight
Indiana Law Journal
No abstract provided.
Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter
Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter
Indiana Law Journal
No abstract provided.
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Michigan Telecommunications & Technology Law Review
It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
Michigan Telecommunications & Technology Law Review
This essay explores the interaction between common law trademarks and the Internet--a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark's territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judicial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might …
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Washington and Lee Law Review
No abstract provided.
An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter
An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter
William & Mary Law Review
No abstract provided.
The Heart Of The Matter: The Property Right Conferred By Copyright, Douglas Y'Barbo
The Heart Of The Matter: The Property Right Conferred By Copyright, Douglas Y'Barbo
Mercer Law Review
The purpose of this Article is to offer a single coherent model that explains copyright law's essential features and to apply the model to reconcile the apparently disparate infringement decisions that comprise contemporary copyright law.
The fundamental premise underlying copyright law-and the one that I intend to dislodge-is that a copyright is a limited property right in relation to the author's original text. The thesis of this Article is that a "copyright" is not an enforceable property right in relation to a particular work of authorship or the expression embodied in it (i.e., "a text"). Instead, I shall demonstrate that …
Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller
Vanderbilt Journal of Transnational Law
Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.
To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …
Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim
Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman
Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.