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Articles 1 - 7 of 7
Full-Text Articles in Law
The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani
The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani
Marquette Intellectual Property Law Review
This Comment considers a key question: do employers have a strategy to protect themselves if these restrictive states are restricting corporations from protecting their self-developed trade secrets? In doing so, Part II will discuss an approach that may allow employers to potentially circumvent the restrictive states. This can be achieved by requiring an employee to undergo private arbitration in a dispute with an employer—a strategy that has gained validity in light of the United States Supreme Court’s holding that upholds arbitration clauses even where significant public policy concerns exist. Specifically, an employer in a restrictive state could potentially enforce an …
Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards
Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards
Marquette Intellectual Property Law Review
First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
Revisiting Belligerent Reprisals In The Age Of Cyber?
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Marquette Intellectual Property Law Review
Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …
Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Marquette Intellectual Property Law Review
35 U.S.C. § 284 of the Patent Act allows district courts to use their discretion to award enhanced damages up to three times the amount found or assessed in the case of patent infringement. This Comment will consider how the Supreme court of the United States’ holding in Halo Electronics, Inc. v. Pulse electronics, Inc. changed the landscape of enhanced damages awards in light of willful infringement.
First, this Comment will examine the Federal Circuit’s approach that now embraces both an objective and subjective inquiry in determining enhanced damages, which may resolve the concern over the rigidity in the Seagate …
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …