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Articles 1 - 30 of 74
Full-Text Articles in Law
College Coaching Contracts Revisited: A Practical Perspective , Martin J. Greenberg
College Coaching Contracts Revisited: A Practical Perspective , Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
Baseball Diplomacy, Andrea Kupfer Schneider
Baseball Diplomacy, Andrea Kupfer Schneider
Marquette Sports Law Review
No abstract provided.
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Marquette Sports Law Review
No abstract provided.
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Marquette Sports Law Review
No abstract provided.
The United States Court Of Appeals For The Federal Circuit: The Promise And Perils Of A Court Of Limited Jurisdiction , Randall R. Rader
The United States Court Of Appeals For The Federal Circuit: The Promise And Perils Of A Court Of Limited Jurisdiction , Randall R. Rader
Marquette Intellectual Property Law Review
Honorable Randall Rader, of the United States Court of Appeals for the Federal Circuit discusses current criticisms of the Federal Circuit and the speed of which the Circuit sets precedent. Before addressing these issues, Judge Rader posits a belief that the standard by which the Circuit is being judged is incorrect. Judge Rader's speech gives a foundation by which a correct standard should be exacted, examples of the current atmosphere leading to the precedents being set, and generally addresses why the Federal Circuit is fundamentally unique from other jurisdictions.
Give The Smaller Players A Chance: Shaping The Digital Economy Through Antitrust And Copyright Law, Douglas L. Rogers
Give The Smaller Players A Chance: Shaping The Digital Economy Through Antitrust And Copyright Law, Douglas L. Rogers
Marquette Intellectual Property Law Review
In this article, Mr. Rogers examines the tension in the digital world between the application of (a) antitrust law, which promotes competition and (b) copyright law, which limits competition in order to promote progress in science and art. He reviews the prohibitions against the exercise of monopoly power in section 2 of the Sherman Act (15 U.S.C.) and proposes a test for anti-competitive conduct that includes close scrutiny of the contract restrictions and marketing practices of those that have significant market power. Arguing that product design decisions are not immune from antitrust review, he proposes examining alleged efficiency justifications for …
Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich
Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich
Marquette Intellectual Property Law Review
Jonathan Mezrich argues that as businesses become more dependent upon computer software, they will also seek a means of protection for their investment in the software they purchase. Currently, a popular means of protection is through source code escrow. However, despite the current popularity of escrow accounts, Mr. Mezrich writes that these mechanisms may in fact not actually be necessary. He focuses on several key points that demonstrate this point including the life of the protected software, infrequency of escrow releases, and the move to open source applications. He also examines deficiencies of confidentiality, limited liability and indemnity as they …
The Trademark Registration System In Japan: A Firsthand Review And Exposition , Masaya Suzuki
The Trademark Registration System In Japan: A Firsthand Review And Exposition , Masaya Suzuki
Marquette Intellectual Property Law Review
One current topic of trademark law that has become a major issue in recent years is foreign trademark rights. The business world is shrinking, and large international outfits need to protect the goodwill in their trademarks on a global scale. The key to gaining international trademark rights is in understanding foreign countries' trademark systems. Masaya Suzuki, a trademark examiner in the Japanese Patent Office, offers insight to the Japanese trademark system. Mr. Suzuki provides a history of Japanese trademark law and rationales for the current system. He explains the workings of the system on a step-by-step basis giving the structure …
Measuring Fame: The Use Of Empirical Evidence In Dilution Actions , Adam Omar Shanti
Measuring Fame: The Use Of Empirical Evidence In Dilution Actions , Adam Omar Shanti
Marquette Intellectual Property Law Review
Adam Omar Shanti explores the concepts of dilution and famousness under Trademark Law. Dilution is a protection afforded "famous" trademarks by the Lanham Act. In essence, it prevents the usage of marks on dissimilar items that resemble a famous mark to prevent the "gradual whittling away or dispersion of the identity and hold upon the public mind." Dilution can occur by 1) blurring, 2) tarnishment, or 3) alteration. To determine whether a mark is "famous", eight subjective criteria are evaluated, which often produces inconsistencies among the courts. Mr. Shanti argues that an empirically derived test for fame must be created …
The Rise And Fall Of Fences: The Overbroad Protection Of The Anticybersquatting Consumer Protection Act , Jonathan M. Ward
The Rise And Fall Of Fences: The Overbroad Protection Of The Anticybersquatting Consumer Protection Act , Jonathan M. Ward
Marquette Intellectual Property Law Review
Jonathan Ward discusses viability of two means for resolution of disputes related to cybersquatting. Cybersquatting occurs when a party registers a domain name that contains someone else's trademark and then attempts to profit by selling or licensing the name to that party. Cybersquatting tends to be classified as direct cybersquatting and typosquatting, and actions involving domain name conflicts fall in four categories: 1) trademark infringement, 2) confusion of source, 3) dilution of a famous mark, and 4) bad faith registration. Recognizing the growing issue of cybersquatting, Congress passed the Anitcybersquatting Consumer Protection Act in 1999, which provided a litigious avenue …
"The Rich Man's Eight Track": Mp3 Files, Copyright Infringement, And Fair Use , Kathryn I. Mullen
"The Rich Man's Eight Track": Mp3 Files, Copyright Infringement, And Fair Use , Kathryn I. Mullen
Marquette Intellectual Property Law Review
An objective of copyright law is to promote creativity and the dissemination of ideas by granting artists, writers, and other creators of artistic works a limited monopoly in their works. MP3 files consist of a digital audio compression algorithm that makes an audio file smaller without reducing sound quality. One problem created by this technology is that when combined with the Internet, millions of people can simultaneously access, reproduce and distribute copyrighted works in digitized form without authorization. Under this premise, Ms. Mullen presents two case studies concerning MP3.com and Napster, in which she relates their various characteristics to copyright …
Digital Copyright, By Jessica Litman , J. Ryan Miller
Digital Copyright, By Jessica Litman , J. Ryan Miller
Marquette Intellectual Property Law Review
Jessica Litman's book focuses on the Copyright Act, in relation to modern entertainment technology. For example, each time an image from the Internet is viewed through a personal computer, the viewer has reproduced the original image, because a computer's RAM makes a temporary copy in order to allow the image to be viewed. The entertainment industry's concern about potential copyright infringement resulted in the enactment of the Digital Millennium Copyright Act. Professor Litman provides a history of the negotiation and lobbying that created the Copyright Act of 1976, and then provides a commentary regarding Napster and the expanding amount of …
Chipping Away At The Erisa Shield: Managed Care Accountability And The Fifth Circuit's Decision In Corporate Health Insurance, Inc. V. Texas Department Of Insurance, Bridget S. Kenney
Chipping Away At The Erisa Shield: Managed Care Accountability And The Fifth Circuit's Decision In Corporate Health Insurance, Inc. V. Texas Department Of Insurance, Bridget S. Kenney
Marquette Law Review
No abstract provided.
The Uniform Mediation Act: To The Spoiled Go The Privileges, Scott H. Hughes
The Uniform Mediation Act: To The Spoiled Go The Privileges, Scott H. Hughes
Marquette Law Review
No abstract provided.
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Marquette Law Review
No abstract provided.
Baseball, Apple Pie And Judicial Elections: An Analysis Of The 1967 Wisconsin Supreme Court Race, Michael Koehler
Baseball, Apple Pie And Judicial Elections: An Analysis Of The 1967 Wisconsin Supreme Court Race, Michael Koehler
Marquette Law Review
No abstract provided.
Midwest Industries V. Karavan Trailers: Federal Circuit Reverses Earlier Opinions And Expands Control Over Intellectual Property Claims, Stephen A. Gigot
Midwest Industries V. Karavan Trailers: Federal Circuit Reverses Earlier Opinions And Expands Control Over Intellectual Property Claims, Stephen A. Gigot
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 84, Number 4, Marquette University
Table Of Contents For Volume 84, Number 4, Marquette University
Marquette Law Review
No abstract provided.
The Legality Of Early Retirement Incentive Plans: Can Quantum Physics Help Resolve The Current Uncertainty?, Michael J. Van Sistine, Bruce Meredith
The Legality Of Early Retirement Incentive Plans: Can Quantum Physics Help Resolve The Current Uncertainty?, Michael J. Van Sistine, Bruce Meredith
Marquette Law Review
No abstract provided.
Part I: Defining Good Corporate Citizenship: What Defines A Company As A Responsible Member Of Society?, Edward Fallone, Todd Kahn, Lawrence E. Mitchell, Reverend Robert A. Sirico
Part I: Defining Good Corporate Citizenship: What Defines A Company As A Responsible Member Of Society?, Edward Fallone, Todd Kahn, Lawrence E. Mitchell, Reverend Robert A. Sirico
Marquette Law Review
No abstract provided.
Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams
Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton
The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton
Marquette Sports Law Review
No abstract provided.
What Is Sports Law?, Timothy Davis
A Consideration Of The Need For A National Dispute Resolution System For National Sport Organizations In Canada, Susan Haslip
A Consideration Of The Need For A National Dispute Resolution System For National Sport Organizations In Canada, Susan Haslip
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals
Index: Sports Law In Law Reviews And Journals
Marquette Sports Law Review
No abstract provided.
Foreword, Matthew J. Mitten
Reflections From A Fan: Searching For More Common Ground In Sociology And Law, Daniel C. Mcdonald S.J.
Reflections From A Fan: Searching For More Common Ground In Sociology And Law, Daniel C. Mcdonald S.J.
Marquette Sports Law Review
No abstract provided.
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Marquette Sports Law Review
No abstract provided.
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Marquette Sports Law Review
No abstract provided.