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2006

Law

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Articles 31 - 52 of 52

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Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen Jan 2006

Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn Jan 2006

A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson Jan 2006

"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag Jan 2006

Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner Jan 2006

Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Trademark Dilution In Japan, Kenneth L. Port Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman Jan 2006

Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A New Economics Of Trademarks, David W. Barnes Jan 2006

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …


Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range Jan 2006

Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy Jan 2006

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev Jan 2006

A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen Jan 2006

Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Cognitive Dissonance In The Classroom: Rationale And Rationalization In The Law Of Evidence, Julie A. Seaman Jan 2006

Cognitive Dissonance In The Classroom: Rationale And Rationalization In The Law Of Evidence, Julie A. Seaman

Saint Louis University Law Journal

No abstract provided.


There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases, Lynn A. Epstein Jan 2006

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases, Lynn A. Epstein

Animal Law Review

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The …


Torture, Morality, And Law, Jeff Mcmahan Jan 2006

Torture, Morality, And Law, Jeff Mcmahan

Case Western Reserve Journal of International Law

No abstract provided.


Torturing The Law, Jose A. Alvarez Jan 2006

Torturing The Law, Jose A. Alvarez

Case Western Reserve Journal of International Law

No abstract provided.


War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton Jan 2006

War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli Jan 2006

Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli

Fordham Urban Law Journal

The article begins by discussing the difficulties of proving consistency within a formal legal system generally. After establishing the importance of a formalized legal model as a prerequisite of rigorous examination of consistency, it proceeds to investigate issues intrinsic to the current system of law that may prevent formalization of a just legal system as currently conceived. The article argues that flexibility inherent in a just legal system may foreclose the possibility of legal formalization or any comprehensive model thereof. The article concludes, however, that a model whose purpose is the examination of consistency within a system need not necessarily …


Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig Jan 2006

Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig

Animal Law Review

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …


2005-2006 Legislative Review, Sunrise Cox Jan 2006

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.


Confronting Barriers To The Courtroom For Animal Advocates, Delcianna J. Winders Jan 2006

Confronting Barriers To The Courtroom For Animal Advocates, Delcianna J. Winders

Animal Law Review

On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law. The following articles have been adapted from transcripts of the symposium.


Confronting Barriers To The Courtroom For Animal Advocates: Linking Cultural And Legal Transitions, Taimie Bryant, Una Chaudhuri, Dale Jamieson, Laura Ireland Moore, David J. Wolfson Jan 2006

Confronting Barriers To The Courtroom For Animal Advocates: Linking Cultural And Legal Transitions, Taimie Bryant, Una Chaudhuri, Dale Jamieson, Laura Ireland Moore, David J. Wolfson

Animal Law Review

Panelists: Taimie Bryant, Una Chaudhuri, and Dale Jamieson

Moderators: Laura Ireland Moore and David J. Wolfson

In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the …