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Articles 1 - 30 of 97
Full-Text Articles in Law
Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple
Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple
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?
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
Vol. Ix, Tab 46 - Ex. 29 - Email From Christina Aguilar (Google Account Strategist), Christina Aguilar
Vol. Ix, Tab 46 - Ex. 29 - Email From Christina Aguilar (Google Account Strategist), Christina Aguilar
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?
Vol. Vi, Tab 38 - Ex. 23 - Email From Christopher Klipple, Christopher Klipple
Vol. Vi, Tab 38 - Ex. 23 - Email From Christopher Klipple, Christopher Klipple
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?
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen Chien
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen Chien
Faculty Publications
The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law.
Based on an …
Judicial Foreign Policy: Lessons From The 1790s, David Sloss
Judicial Foreign Policy: Lessons From The 1790s, David Sloss
Faculty Publications
This Article demonstrates that the exclusive political control thesis is incompatible with the original understanding of the Founders. The Article does not defend originalism as a method of constitutional interpretation; it merely shows that the exclusive political control thesis is inconsistent with an originalist approach.
The Article examines the implementation of U.S. neutrality policy in the period from 1793 to 1797. Other scholars have analyzed the initial formulation of U.S. neutrality policy in 1793. Scholars who focus narrowly on the year 1793, when the United States first articulated its neutrality policy, have concluded that "the federal courts played a relatively …
Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar
Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar
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 Crimes Of Terrorism, Beth Van Schaack, Ron Slye
The Crimes Of Terrorism, Beth Van Schaack, Ron Slye
Faculty Publications
This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses the contested concept of terrorism under international law, with a focus on efforts to criminalize the phenomenon. In particular, it discusses the major obstacles to achieving an omnibus definition of the crime with a particular emphasis on the intersection of the prohibitions against terrorism and international humanitarian law. Additional chapters in the text address the history of ICL, the sources of ICL, the major international crimes and defenses, and …
The Internationalization Of Crimes, Beth Van Schaack
The Internationalization Of Crimes, Beth Van Schaack
Faculty Publications
This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses one of the major conundrums of international criminal law (ICL): how to distinguish international crimes (war crimes, crimes against humanity, terrorism, and genocide) from their domestic analogs (murder, assault, and mayhem). The chapter discusses the various approaches to "internationalization" (focusing on issues of identity, transnationalism, human dignity, global stability, etc.) and concludes that international crimes lack a coherent unifying justification. Additional chapters in the text address the history of …
The Legal Regulation Of War, Beth Van Schaack, Ron Slye
The Legal Regulation Of War, Beth Van Schaack, Ron Slye
Faculty Publications
This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of war SHOULD BE LAW NOT WAR with respect to the evolving definitions of war crimes …
Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines
Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines
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?
Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu
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?
Engendering Genocide: The Akayesu Case Before The International Criminal Tribunal For Rwanda, Beth Van Schaack
Engendering Genocide: The Akayesu Case Before The International Criminal Tribunal For Rwanda, Beth Van Schaack
Faculty Publications
This article - which will appear as a chapter in a "law stories" volume on Human Rights Advocacy - discusses the role that advocacy by women's rights and human rights organizations and activists played in gaining legal recognition of the concept of genocidal rape within international criminal law. The chapter discusses the procedural history and jurisprudential contributions of the case against Jean Paul Akayesu before the International Criminal Tribunal for Rwanda. The chapter then traces Akayesu's legacy with respect to gender justice with respect to subsequent cases before the ad hoc international tribunals and within the Statute of the international …
California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice
California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice
Northern California Innocence Project Publications
The California Commission on the Fair Administration of Justice was created by the California State Senate in 2004 to “study and review the administration of criminal justice in California, to determine the extent to which that process has failed in the past” and to examine safeguards and improvements. The Commission completed its work on June 30, 2008 in Sacramento by delivering a report on the fair administration of the death penalty in California to the Legislature and the Governor.
Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu
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?
Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu
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?
Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J. K. Sandoval
Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J. K. Sandoval
Faculty Publications
This Article contends that the decision to define an antitrust market by the broadcast's language raises concerns about its constitutionality and its effect on competition and democracy. If inaccurate, the market definition may not only distort competition, it may limit the broadcaster's freedom of speech and the public's ability to hear that programming. The First Amendment protects speakers and those who wish to hear that speaker's message.
Using First Amendment jurisprudence, Section II of this Article analyzes the standard of review for evaluating a market definition based on a broadcast's language.
This Article uses social science research on Spanish- and …
Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey
Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey
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?
Vol. Ix, Tab 46 - Ex. 31 - Email From John Ramsey (Rosetta Corporate Counsel), John Ramsey
Vol. Ix, Tab 46 - Ex. 31 - Email From John Ramsey (Rosetta Corporate Counsel), John Ramsey
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?
Teaching Cyberlaw, Eric Goldman
Teaching Cyberlaw, Eric Goldman
Faculty Publications
Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.
The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.
Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon
Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon
Faculty Publications
This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. …
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David Welkowitz, Tyler Ochoa
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David Welkowitz, Tyler Ochoa
Faculty Publications
The purpose of this Article is to explain why we believe that rights of publicity should be taught as a stand-alone course, why we believe that a course in comparative rights of publicity is worthwhile as a stand-alone course, and to explain some of the challenges and opportunities that the course presents. Ultimately, we hope to encourage and persuade more of our colleagues at other schools to begin to offer rights of publicity as a separate course.
Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan
Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), 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?
Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden
Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden
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?
Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold
Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold
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?
Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu
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?
Vol. Vi, Tab 38 - Ex. 35 - Rosetta Stone Dtc (Direct To Consumer) Report 2008, Rosetta Stone
Vol. Vi, Tab 38 - Ex. 35 - Rosetta Stone Dtc (Direct To Consumer) Report 2008, 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?
Vol. Vi, Tab 38 - Ex. 34 - Rosetta Stone Competitive Analysis, Rosetta Stone
Vol. Vi, Tab 38 - Ex. 34 - Rosetta Stone Competitive Analysis, 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?
Vol. Ix, Tab 41 - Ex. 4 - Google Ad Partners All-Hands Q1 2008, Google
Vol. Ix, Tab 41 - Ex. 4 - Google Ad Partners All-Hands Q1 2008, Google
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?
Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan
Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan
Santa Clara High Technology Law Journal
No abstract provided.