Digital Commons Network^™

Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Innocence Quarterly [Fall 2006], Northern California Innocence Project

Northern California Innocence Project Newsletter

No abstract provided.

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, Tyler T. Ochoa

Faculty Publications

This article highlights nine U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. This review was originally delivered as a speech at The 50th Annual Conference of Developments in Intellectual Property Law held by The John Marshall Law School Center for Intellectual Property Law on May 26, 2006. Discussing a wide range of cases from peer-to-peer file sharing to standing, the analysis focuses on the most recent developments in copyright.

On Restructuring The Nyse: Might A Nonprofit Stock Exchange Have Been Efficient?, Stephen F. Diamond, Jennifer W. Kuan

Faculty Publications

This spring the New York Stock Exchange, Inc. (NYSE) completed an historic restructuring. On March 7, 2006, the NYSE completed its merger with Archipelago Holdings Inc. (Archipelago), a publicly traded electronic trading platform. As a result, the old NYSE itself will become the New York Stock Exchange LLC, a wholly owned subsidiary of NYSE Group, Inc. (NYSE Group). The former members, or seat holders, of the NYSE will receive one of three forms of consideration: all cash, all stock in NYSE Group, or a package of cash and stock. Then, NYSE Group will allow those former members to offer their …

Vol. Ix, Tab 41 - Ex. 21 - Email From Lena Huang (Rosetta Online Marketing), Lena Huang

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Internet Filtering And The Adolescent Gay/Lesbian Patron, David Brian Holt

Law Librarian Scholarship

With the recent passage of the Children’s Internet Protection Act (CIPA), and its constitutionality subsequently affirmed by the Supreme Court, libraries are faced with challenges presented by Internet filtering, and the obstacles to access it poses for disadvantaged patron groups. This paper discusses the ramifications of Internet filtering at public libraries on sexual minority youth and how this may translate into a negative health impact on this community and a restriction on intellectual freedom. Topics discussed include filtering technology, the risks it presents to equitable access, the disproportionate effect on the gay/lesbian community, and how filtering impairs the creation of …

United States V. Jones, United States District Court For The District Of Columbia

Historical and Topical Legal Documents

No abstract provided.

Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David Yosifon

Faculty Publications

The present Article is more precisely dedicated to analyzing, from a critical realist perspective, the wisdom and constitutional viability of one possible policy response to the obesity crisis: a ban on junk-food advertising to children.

This Article seeks not only to show that an effective junk-food advertising ban could pass constitutional scrutiny, but also to demonstrate, through the rigor of a constitutional analysis, the wisdom of such an approach to this substantial social problem. Simultaneously, my purpose is to show, in the context of a difficult First Amendment question, that the critical realist approach to legal theory is capable of …

Non-Analytical Thinking In Law Practice: Blinking In The Forest, Kandis Scott

Faculty Publications

Non-analytical thinking is indispensable to good legal representation .Despite its importance in law practice, it is devalued and neglected in the conventional law school curriculum. Even in clinical legal education, where the potential to teach students to use this mode of thinking is most obvious, the elevation of theory and analysis has stifled the impulse of clinical professors to teach students to "blink." One way law schools can counteract this trend, and thereby better train law students for practice, is to enhance clinical teachers' nonanalytical skills through more practice opportunities.

The Delphi "Bankruptcy": The Continuation Of Class War By Other Means, Stephen F. Diamond

Faculty Publications

No abstract provided.

Vol. Ix, Tab 46 - Ex. 8 - Email From Emily White, Emily White

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

In Re: George A. Souliotes, Supreme Court For The State Of California

Northern California Innocence Project Briefs

No abstract provided.

Voting Rights Act: Evidence Of Continued Need, Angelo N. Ancheta, United States House Of Representatives, Committee On The Judiciary

Faculty Publications

Ancheta's testimony, titled "Language Accommodation and the Right to Vote", begins on p. 2451.

Vol. Vi, Tab 38 - Ex. 32 - Language Learning In The United States Of America, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Faculty Publications

1970 was a big year for environmental law. The first of the major federal environmental statutes, the National Environmental Policy Act ("NEPA"), went into force. The first Earth Day was observed. The federal Clean Air Act underwent revolutionary changes, and the United States Environmental Protection Agency ("EPA") was created. Many states also passed ambitious environmental legislation and created new agencies.1970, as is often said, began the "Environmental Decade," when the basic blueprint was drawn for the building of modem environmental law.

The desire of environmental activists for ringing judicial pronouncements of environmental awareness and creative new theories and remedies for …

Secondary Liability For Trade Secret Misappropriation: A Comment, Robert G. Bone

Santa Clara High Technology Law Journal

No abstract provided.

Patent Controls On Gm Crop Farming, Janice M. Mueller

Santa Clara Journal of International Law

Patents on genetically modified (GM) crop technology arm their owners with powerful control over farmers' ability to grow, harvest, distribute, and profit from GM crops. No clearer example exists than the April 2004 decision of the U.S. Court of Appeals for the Federal Circuit in Monsanto Co. v. McFarling, in which the court upheld Monsanto's licensing practice of forbidding farmers to save seed from patented GM crops for replanting. By forcing farmers to buy new GM seed each season, the McFarling II decision disproportionately impacts small farmers and concentrates GM crop growth among larger agribusinesses better positioned to bear the …

Regulating Human Biological Enhancements: Questionable Justifications And International Complications, Henry T. Greely

Santa Clara Journal of International Law

Ethical and social issues involved in human biological enhancements have been increasingly controversial, whether in the form of steroids in sports, of genetic selection for better children, or of study pills for cognitive enhancement. This article begins with examples of controversial human biological enhancements and a review of the arguments against such enhancements. Next, it intensively examines whether human biological enhancements are meaningfully different from other kinds of human enhancement. Then it analyzes ways in which human cultural diversity and splintered political sovereignty cut against effective curbs on such enhancements. The article concludes that human biological enhancements are not inherently …

Surrogacy In Israel: A Model Of Comprehensive Regulation Of New Technologies, Jacqueline Hand

Santa Clara Journal of International Law

This book review analyses the catalysts that propelled changes in Israel's laws governing surrogate motherhood. It highlights the work of Professor D. Kelly Weisberg, The Birth of Surrogacy in Israel, which chronicles the experiences and ideologies that led to the genesis of Israel's comprehensive regulatory scheme, Surrogate Motherhood Agreements Law. Weisberg's book begins with a description of two cases of surrogacy that occurred immediately after the passage of the law. The book then goes on to explore the factors that helped create the legislation, beginning with Israel's total ban on surrogacy in reaction to the New Jersey case of In …

Human Clones And International Human Rights, Kerry Macintosh

Santa Clara Journal of International Law

The United Nations Declaration on Human Cloning calls upon member states to prohibit all forms of human cloning. However, the Declaration is nonbinding and will not put a stop to cloning around the world. Scientists will continue to clone embryos in their quest to develop stem cell therapies, ultimately, their work will facilitate the birth of human clones.;Once born, human clones will be entitled to all of the rights and freedoms enumerated in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), without distinction based on their birth via asexual reproduction or …

Ethics In Global Biopharmaceutical Environment, Michael Malinowski

Santa Clara Journal of International Law

No abstract provided.

The Diaoyu/Senkaku Dispute: Bridging The Cold Divide, Dai Tan

Santa Clara Journal of International Law

No abstract provided.

The Worth Of Consent: The Ethics Of Research In A Global Environment, Terry Kaan

Santa Clara Journal of International Law

No abstract provided.

One Step Forward, Two Steps Back: Hamdan V. Rumsfeld And The Military Commissions Act Of 2006, Ida L. Bostian

Santa Clara Journal of International Law

No abstract provided.

Speaking To Africa - The Early Success Of The Special Court For Sierra Leone, Noah B. Novogrodsky

Santa Clara Journal of International Law

No abstract provided.

Commercial Arbitration In The Islamic Middle East, Arthur J. Gemmell

Santa Clara Journal of International Law

No abstract provided.

Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram

Faculty Publications

The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …

The Challenge Of Treaty Structure: The Case Of Nafta And The Environment, Tseming Yang

Faculty Publications

No abstract provided.

Does Avoiding Constitutional Questions Promote Judicial Independence?, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Judicial Deference To Executive Branch Treaty Interpretations: A Historical Perspective, David Sloss

Faculty Publications

In recent years, the Supreme Court has almost always deferred to executive branch views on treaty interpretation issues. Executive dominance was not always the norm, though. In the first fifty years of U.S. constitutional history, between 1789 and 1838, the Supreme Court decided nineteen cases in which the U.S. government was a party, at least one party raised a claim or defense on the basis of a treaty, and the Court decided the merits of that claim or defense. The U.S. government won only three of those nineteen cases. Two other cases were effectively split decisions. And the government lost …