Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack
United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack
Law Faculty Scholarship
No abstract provided.
The Constitutional Limitation On Trademark Propertization, Peter J. Karol
The Constitutional Limitation On Trademark Propertization, Peter J. Karol
Law Faculty Scholarship
The following article seeks to apply the retrenchment in constitutional Commerce Clause jurisprudence of the last few decades to the phenomenon of trademark propertization, the expansive and largely federal movement towards protecting trademarks as assets apart from any connection to referent goods and services. Trademark scholars have filled the trademarks literature with critiques of propertization that generally object, on policy and historical grounds, to the trend and offer constructions of the Lanham Act designed to check its progress. With the notable exception of an article published in 2000 by Professor Kenneth Port, however, the literature has largely avoided addressing the …